Tenants in Common - Will help

micaleff

hi

wondering if someone can help me confirm what the situation is in the scenario below please?!

50% of house left to child however child is no longer alive so it goes to the replacement recipients which is the spouse and a n other.

this means the spouse now 'owns' 75% of the house. could they be forced to sell the house to pay for care fees being they are now the majority owner?

any help appreciated.
thanks

getmore4less

is that the only question?

full terms of the will needed

was there no life interest?

Keep_pedalling

If the care is for the surviving spouse, then yes. If the care is for AN Other then the answer is possibly, and it could deffinately make difficult for the surviving spouse, so probably a silly thing to do.

Manxman_in_exile

I don't understand the scenario.


Is it the spouse of the testator or the spouse of the deceased child? Who would the care fees be in respect of?

micaleff

Thanks for replies, it's a hypothetical scenario as we are trying to create a will for my parents.

The house is held as tenants in common as advised by a IFA. I am an only child so when the will builder asks for a replacement recipient we are struggling to choose someone!
Parents don't want it to go to other family for various reasons so was going to choose my spouse and parent surviving spouse (mirror will)
However we are concerned that in this scenario it would contradict what they were trying to do with putting the house as tenants in common.

Obviously this would only happen if they outlived me and my child so slim chance but.....

Manxman_in_exile

When you say "will builder", do you mean a solicitor or a will writing company? I've not heard the term before.


Hope you mean a solicitor, who should be able to provide you with various different options and their respective outcomes. It's that advice that you're paying for.

Keep_pedalling

Quite honestly if both their child and grandchild pre deceased them the care fees are academic. If they have no surviving direct descendants then just revert to leaving everything to the surviving spouse.

micaleff

It's through a solicitor but it's an online will builder program so only advice is in help buttons as you go through the builder but this wasn't covered as you can imagine

Keep pedalling - this was pretty much our thought process

Yorkshireman99

An online will is bad bad news. Spend a few hundred and get it done properly by a solicitor.

Jenniefour

micaleff wrote: »

It's through a solicitor but it's an online will builder program so only advice is in help buttons as you go through the builder but this wasn't covered as you can imagine

On line will builder? Doesn't cover the specific situation/desired outcome? Then avoid. Sounds like it might be suitable for a very simple will, like the will writing kits (providing will author knows exactly what they're doing, and that's another matter). Solicitors office for this.

Keep_pedalling

micaleff wrote: »

It's through a solicitor but it's an online will builder program so only advice is in help buttons as you go through the builder but this wasn't covered as you can imagine

Keep pedalling - this was pretty much our thought process

There is really no substitute for sorting a will face to face with a solicitor. A will is one of the most important documents you ever draw up and penny pinching at this stage could work out very expensive in the long term.

Is the "IFA" advising them deffinately Independant? A lot of people who believe they are using an IFA are actually dealing with restricted FAs.