ChatterBank1 min ago
Splitting a house in a will 3 ways.
10 Answers
The house is in my sole name. Two of my adult children live in the home. One lives in his own home with his spouse. I want to ensure that my two adult children currently in the property can remain there for the rest of their lives should they wish to do so. If I split the house in my will three ways, will the son not living in the property be able to demand the sale of it?
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You need to leave the house so that the two who live there either have a licence to reside (ie the right to live in the house as long as they live) or a life interest to them (ie the right to live in the house or its replacement or an interest in the proceeds). Either way, this sort of bequest really needs legal involvement to make sure that every eventuality is catered for.
If a trust along the lines I have suggested above is conceived, the child who lives independently should not be able to force a sale if drawn up properly.
You need to leave the house so that the two who live there either have a licence to reside (ie the right to live in the house as long as they live) or a life interest to them (ie the right to live in the house or its replacement or an interest in the proceeds). Either way, this sort of bequest really needs legal involvement to make sure that every eventuality is catered for.
If a trust along the lines I have suggested above is conceived, the child who lives independently should not be able to force a sale if drawn up properly.
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