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Registering a Property Trust

I’m getting ready to register a property trust that needs to be done as when my husband died he left his 50% of our home to our son as we were tenants in common, I have only just received the land registry paperwork showing the owners of the property as myself and my son.

From reading info online it looks like it’s an express trust and I’ve logged into HMRC to start the process and the first question is name of trust, do I give it the Title number as the name or put something that is personal to me. Thanks 

Comments

  • Keep_pedalling
    Keep_pedalling Posts: 22,441 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 31 January 2024 at 7:43PM
    What did the terms of the will say about his share? The normal type of trust to use is an immediate post-death interest trust. Presumably you are the trustee so I am not sure if registering it in your son’s name was the correct thing to so.
  • The will says his 50% of the house to our son but I’m allowed to live there or sell if I wish too.
    The soliciter who did the will has updated the land registry  
  • The will says his 50% of the house to our son but I’m allowed to live there or sell if I wish too.
    The soliciter who did the will has updated the land registry  
    What is the exact wording (redact any names) ?
  • RAS
    RAS Posts: 36,439 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I can read both your name and your son's so you need to delete that post and edit the paper before re-posting.

    If you've have not made a mistake, you've made nothing
  • Thank you Ras I didn’t realise you could still the names I have deleted it and will redo it
  • Keep_pedalling
    Keep_pedalling Posts: 22,441 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    I am not really sure if those clauses actually create a trust. It says your son gets 80% absolutely and the grandchildren 20% absolutely 

    How old are the grand children?
  • They are 11 & 17 


  • I am not really sure if those clauses actually create a trust. It says your son gets 80% absolutely and the grandchildren 20% absolutely 

    How old are the grand children?

    They are now 11 and 17 
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