Tenants in Common

Belmont2

My wife and I have recently switched from being joint tenants to being tenants in common: 50%. We have made mirror wills, with our share of the property being left equally to the 4 children "in trust". I was wondering whether anyone could answer the following questions?
1: When one of us dies, could the remaining partner sell the property and move elsewhere? What would be the consequences of that in respect of the 50% owned by the children?
2: Also, when one of us dies, should the remaining partner require residential care, could their 50% be taken to offset fees?
I might add that the family situation is not good! My wife was a widow when we married, and only one of the 4 children is mine. That child fears that should my wife die first, she will be under pressure to protect my interests, particularly in relation to possible care home fees.

getmore4less

Re 1. That is what the trust is for, determined by the terms of the trust and the trustees.

This should have been discussed and explained by the solicitor that did the will.

Mojisola

The terms of the trust should also set out who is responsible for the maintenance and repair of the property.

xylophone

1: When one of us dies, could the remaining partner sell the property and move elsewhere? What would be the consequences of that in respect of the 50% owned by the children?

Does the will not specify this type pf arrangement?

https://www.redstonewills.com/news/item/what-is-a-life-interest-trust-and-how-can-it-help-you

3card

This was how my parents home was set up.

After my Dad passed his share was left in trust to myself, brother, a niece & nephew.

As far as i am aware to sell the house my mother would have to have the others permission.

My mother did need to move into residential care so it was either the social department would do a deferred asset arrangement on my mothers share of she could sell the house to fund the care.

It was decided both myself and my brother would buy the others out including my Mother at the market value to release the funds for my Mother.

So if either needed residential care after the passing of the other the 50% share would be taken into account