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Protecting son's inheritence

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I have a house in my sole name which is currently being left to my son in my will.

The problem I have is his father, if I die before him he will certainly try to get my son to raise loans/mortgage or sell it to benefit son's father. If pressured my son would certainly agree as his father is very manipulative.

One way I can see round it is stipulating in my will that the house cannot be used as collateral for loans, be remortgaged or be sold until son's father is dead or in permanent residential care. I am seeing a solicitor next week about this.

Does anyone know if I can register something on Land Registry site stating the same above conditions?

Thank you
Tallyhoh! Stopped Smoking October 2000. Saved £29382.50 so far!
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Comments

  • chesky
    chesky Posts: 1,341 Forumite
    Eighth Anniversary 1,000 Posts
    Do you have a friend or family member who can act as executor for your will? You should consider making your bequest into a trust until your son is of an age to take control - say 21 or so. You really need a solicitor to help you with this kind of will.
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How old is your son? It may be possible for you to put the house in trust for a period of time, so that your son doesn't have full control, at least at first.

    You can provide a letter of wishes to the trustees explaining what your reasons are, to help them make decisions about what they do or don't allow.

    You may need to accept, though, that once your son is an adult he can make his own choices, including making choices you don't agree with. It's reasonable to protect him while he is young, or if he has disabilities or other vulnerabilities, but there comes a point where he will have to make his own choices and his own mistakes.

    You'll need proper legal advice to set up a trust.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • konark
    konark Posts: 1,260 Forumite
    You can put whatever conditions you like in your will regarding age, the truth is that they are not legally enforceable and your son can claim full ownership as long as he is 18.

    A way round this is to leave it jointly to your son and a minor, the house will not be able to be touched until BOTH are 18.

    A solicitor may know of better ways to protect your son's interests.
  • tallyhoh
    tallyhoh Posts: 2,307 Forumite
    Part of the Furniture 1,000 Posts
    Thank you all. Son is an adult but easily manipulated by his father, other family members have been previously conned into handing over money.

    I am having a will drawn up to try & prevent his father getting his hands on anything I leave but am afraid that once the house is transferred into sons name & executor thinks his job is done father will persuade son to take out loans/remortgage or sell house.

    Is there anything I can register on the land registry site to say that nothing can be done while father is alive? Thank you all again
    Tallyhoh! Stopped Smoking October 2000. Saved £29382.50 so far!
  • elsien
    elsien Posts: 36,058 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That seems to me to be unreasonably restrictive. What if son's circumstances change and he needs to upsize, downsize or move away to another area? Without knowing the details, dad could go on for years. Is that fair on your son?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • paddy's_mum
    paddy's_mum Posts: 3,977 Forumite
    I've been Money Tipped!
    What is the status of son's father? Does he live in the house? Are you married or divorced? Is father dependent upon you?

    All things that affect what you can legally do with the property whether or not it is in your sole name.
  • tallyhoh
    tallyhoh Posts: 2,307 Forumite
    Part of the Furniture 1,000 Posts
    elsien wrote: »
    That seems to me to be unreasonably restrictive. What if son's circumstances change and he needs to upsize, downsize or move away to another area? Without knowing the details, dad could go on for years. Is that fair on your son?

    Son has his own property with his family I am trying to make sure that his father doesn't get his hands on anything I leave but you have a good point.
    Tallyhoh! Stopped Smoking October 2000. Saved £29382.50 so far!
  • tallyhoh
    tallyhoh Posts: 2,307 Forumite
    Part of the Furniture 1,000 Posts
    What is the status of son's father? Does he live in the house? Are you married or divorced? Is father dependent upon you?

    All things that affect what you can legally do with the property whether or not it is in your sole name.

    We are not married or living together, father is not dependent on me. Cheers
    Tallyhoh! Stopped Smoking October 2000. Saved £29382.50 so far!
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    tallyhoh wrote: »
    Son has his own property with his family I am trying to make sure that his father doesn't get his hands on anything I leave but you have a good point.

    So why not get your executors to sell the house and put the money in trust for your grandchildren?

    If you are sure that your son will not be able to hold on to any money you leave him, don't leave any to him.
  • tallyhoh
    tallyhoh Posts: 2,307 Forumite
    Part of the Furniture 1,000 Posts
    Mojisola wrote: »
    So why not get your executors to sell the house and put the money in trust for your grandchildren?

    If you are sure that your son will not be able to hold on to any money you leave him, don't leave any to him.

    A very good idea you have about selling the property. Son & family are the only relatives I have.
    Tallyhoh! Stopped Smoking October 2000. Saved £29382.50 so far!
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