Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Can anyone help me with a will/inheritance question please?

2 replies

Housesofhistory · 20/12/2018 23:23

When my parents wrote their will I was in an awful relationship. They therefore lodged their will with the solicitor to manage it.

There is property of around 110k with 10 percent to me and contents to me. The remainder to my child who is 16 which will be held in trust until she is 21.
I've been free of the relationship for ten years but my parents have insisted it is kept as it.

There is however much confusion!
Initially my Mum said that for the solicitor acting as trustee they would get a percentage of the estate.
My Dad thought they had paid the fees for this upfront and this wasn't the case. Now both are saying this.

What I need to know is the following really.
If the property is in trust for her until she is 21 minus my ten percent and the fees have been paid up front can I not just gift my share to DD so she can live there? Can she do this while she is under 21?

If it's in trust will the house be registered with the land registry in the solicitors name until she is 21?

I'm utterly confused and don't want any of it.

OP posts:
Gentlygently · 21/12/2018 12:41

Are your parents still alive? If you do not want a gift in a will you can waive it, and if your daughter is the residuary legatee she would get it that way I think.

Xenia · 22/12/2018 17:47

People would need to read the trust deed to know for sure and check the land registry and also know if your parents are dead yet.

You can aways after death with consent of all beneficiaries vary an English law will so BUT it may bt eh house will be registered in you rname as the adult as you are over 18 with the 90% balance held for the child so might be best you keep your 10%.

If the parents are not dead yet and you are looking to the future again it will just depend what the documents say. If you and the trustee will hold the property as tenants in common with divided shares 10/90 then I suspect it would be registered in your and the solicitor's name.

As for whether your daughter could live in it between ages 16 and 21 once your parents are dead possibly - the trustee might think it better the child lives with you and then perhaps at 18 lives at univesity and at your home and the rent is used to help with her university costs for example.

New posts on this thread. Refresh page