Mum died recently and I'm the sole executor and trustee named in her will. The will leaves everything in trust to me but her long time partner can live in (and has to insure & maintain) the house as long as he likes (provided he doesn't marry/cohabit/die/move out permanently).
I do have grant of probate but having tried to work out what is required re land Registry, and the will trust, I think I need to get legal advice on what to do next. Has anyone some idea of what this would involve?
The partial info I have now is:
- I probably have to appoint a second trustee
- This can be done on one of the Land Registry forms
- I & other trustee would need to have a declaration/deed of trust drawn up & have it signed & witnessed
- The Land Registry forms will say both Trustees are the legal owners now
- The deed of trust will say something like, as per will (detail which will) once the trust ends it goes to me
- As trustee I should also arrange restriction to be entered via Land Registry forms (for starters the will says "I give to my Trustees the premises upon trust but so that until the Determining Event no sale of the premises shall be made without the written consent of (Mum's partner)")
Does anyone have any experience of something similar - what actually had to be done?
Is there anything else I'll need a solicitor for?
I feel uncomfortable going to a solicitor when I don't know what I have to ask them to do - I'd be a bit happier if I had a list I understood.
I would love to do it myself but in this case I suspect I lack the years of legal education required to get the details right.
Any pointers though... (I am slightly hopeful that I don't really need a second trustee and can just xfer house to my name with a suitable restriction set up, then fill in more Land Registry forms to have the restriction removed when a lovely rich widow sweeps Mum's partner off to Gretna Green and then her mansion!)