Is this possible? Will?

Mimi_Arc_en_ciel

Hi,

I have a will currently that states everything is shared 50/50 between my 2 daughters. The house will be sold and each will receive their share. I have appointed 2 friends who help manage their finances etc (kids are under 16) and I'd like the kids to stay together and live with my ex.

Now the back story.....

My eldest, is not my ex's but has no contact with her father (this is his choice, although he's on birth certificate) I've already made my position clear in my will that I would like her to live with my ex and her sister and stated reasons although I know this isn't foolproof. She's 11 so i'm confident she will be able to state what she would like to happen and my parents/siblings etc will support her to stay with ex (not that I'm planning on kicking the bucket any time soon....) and Yes, I have discussed this with her, she wants to stay with her sister.

Now -I want to put a clause as such in my will that will allow my ex to move into our family home to raise the kids until the youngest is "at an age" when the house can be sold and the money divided. But could that work legally? - I don't mean that he would 100% be allowed to have my eldest there, but could he move into the house and not claim anything on it?

What would happen if they needed to replace something (furniture, windows.... who knows?)

I'm planning on having a meeting with the solicitor but before I'd like to know whether this is do-able before I go in.

Yorkshireman99

Mimi_Arc_en_ciel wrote: »

Hi,

I have a will currently that states everything is shared 50/50 between my 2 daughters. The house will be sold and each will receive their share. I have appointed 2 friends who help manage their finances etc (kids are under 16) and I'd like the kids to stay together and live with my ex.

Now the back story.....

My eldest, is not my ex's but has no contact with her father (this is his choice, although he's on birth certificate) I've already made my position clear in my will that I would like her to live with my ex and her sister and stated reasons although I know this isn't foolproof. She's 11 so i'm confident she will be able to state what she would like to happen and my parents/siblings etc will support her to stay with ex (not that I'm planning on kicking the bucket any time soon....) and Yes, I have discussed this with her, she wants to stay with her sister.

Now -I want to put a clause as such in my will that will allow my ex to move into our family home to raise the kids until the youngest is "at an age" when the house can be sold and the money divided. But could that work legally? - I don't mean that he would 100% be allowed to have my eldest there, but could he move into the house and not claim anything on it?

What would happen if they needed to replace something (furniture, windows.... who knows?)

I'm planning on having a meeting with the solicitor but before I'd like to know whether this is do-able before I go in.

Very tricky because of the number of possibilities that could occur. It will be interesting to hear what the solicitor says.

Keep_pedalling

Unless you have any medical condition that prevent this I would look at taking out term life insurance written in trust. This would provide a fund that could cover the upkeep of the house, and once the youngest reaches 18 any remaining funds could be distributed between the children.

Mimi_Arc_en_ciel

I honestly don't think it will be possible but you never know.... I know you can state that your children (over 18) can stay in the property until a certain age/indefinitely. Ex has said he would be happy to move in and raise kids in their home knowing that when youngest is (AGE) he would be required to leave (he doesn't own any property and is unlikely to any time soon TBH) but i think there's too many "what ifs"

Currently ex lives in a 1 bed rented accommodation, and has done for a while now, If i pop any time soon (again, worst case scenario, lets hope I'm at least 80 before i depart......) there is no way the kids can move in with him, they'd have to leave their home etc and watch it be sold, whereas if they were older they might decide they want to stay there... plus ex has no rights to DD1, if he had access to the house she grew up in etc, where she was settled it might help trying to keep her with her sister