My Will

[IWantWine]

I am thinking I need to draw up a will and I want to leave my share of our jointly owned house equally between my children. Can I insist that the property be sold so that they can have their share fairly quickly?

thanks.

As far as I know you can request what you like in your Will and I don't see why that sort of request would be a problem, it sounds quite straight forward.

It would be straightforward if the house was owned solely by you however it is more complicated if you are a joint owner. Do you own it jointly with your dp/dh or with your dc?

If it is jointly owned with your dp/dh then it depends on whether you own it as "joint tenants" in which case no as on your death your share will automatically pass to your dp/dh and you cannot leave it under your will or as "tenants in common" in which case you can leave your share to your dc but the normal arrangement would be that your dp/dh could live there for life (or as long as they wanted to) if you want it to be sold then you need to discuss with your dp/dh and make suitable arrangements and ensure that his will mirrors yours otherwise your executors/children could have difficulties.

If it is jointly owned with your dc then cannot see a problem with having such a clause however what if one of them wants to live in the house on your death? (assuming they are adults of course)

Recommend that you see a solicitor