Tenants in Common

tbs624

Sloughflint, if you think you have a valid reason for your comment ( rather than just your personal view) do contact the Law Society - they are the UK regulatory body for all qualified solicitors and the link is to their own website

tbs624

nearlyrich wrote: »

What you need is a financial advisor who specialises in wealth preservation, most solicitors would not have the specialist knowledge required to give you exactly what you want. .....

.............except where the solicitor, having professional legal qualifications, has chosen to specialise, and spends his/her working day regularly dealing with these matters, as many do.:D

sloughflint

tbs624 wrote: »

Sloughflint, if you think you have a valid reason for your comment ( rather than just your personal view) do contact the Law Society - they are the UK regulatory body for all qualified solicitors and the link is to their own website

Sadly, I have not one but three valid reasons. This experienced person was exactly how you described in your response to nearlyrich. Nevertheless three independent mistakes were made.I shall not go into details on a public forum but suffice to say they were not minor ones.

That is good advice you have given tbs624 (certainly with one of the mistakes at the very least, I should have gone down that road but was asked not to).....

.....except one problem,especially with Wills, is that mistakes can go unnoticed for a very long time. Those left behind at sad times might not want to deal with the extra hassle involved with formal complaints or might simply be unable to.
I'd rather there were an alternative solution- preferably one that avoids mistakes being made in the first place rather than one that merely repairs damage.

uhuru_2

Thanks for all the advice. As my partner said earlier today, this is beginning to feel like a business transaction rather than two people who love each other stting up home together. I guess that is what happens when inheritance is involved.

The conclusion I have come to is that we should hold the property as 'tenants in common' and seek specialist advice with regards to a trust / wills etc. I don't think it a good idea to go through the solicitor who is dealing with the conveyancing for something that seems to be a specialist area.

The other alternative we are seriously considering is leaving the whole lot to the local dogs home and sod the lot of them! :rotfl:

prudryden

uhuru wrote: »

Thanks for all the advice. As my partner said earlier today, this is beginning to feel like a business transaction rather than two people who love each other stting up home together. I guess that is what happens when inheritance is involved.

The conclusion I have come to is that we should hold the property as 'tenants in common' and seek specialist advice with regards to a trust / wills etc. I don't think it a good idea to go through the solicitor who is dealing with the conveyancing for something that seems to be a specialist area.

The other alternative we are seriously considering is leaving the whole lot to the local dogs home and sod the lot of them! :rotfl:

Having just finished with a will contest (and yes it was between relatives)- be sure everything is air tight.

sloughflint

uhuru wrote: »

The conclusion I have come to is that we should hold the property as 'tenants in common' and seek specialist advice with regards to a trust / wills etc. I don't think it a good idea to go through the solicitor who is dealing with the conveyancing for something that seems to be a specialist area.

Couldn't agree with you more. If a solicitor who has specialised in wills and probate for years can get things so very wrong, what hope would a conveyancing specialist have?

talmena_2

My (unmarried) partner and I own our house as tenants in common and both have our own children who we want to inherit our own share of the house. When we made our wills I asked if I would be able to sell without 'permission' and my solicitor said that the surviving partner was able to sell just once ('either to downsize or change area).

sloughflint

talmena wrote: »

My (unmarried) partner and I own our house as tenants in common and both have our own children who we want to inherit our own share of the house. When we made our wills I asked if I would be able to sell without 'permission' and my solicitor said that the surviving partner was able to sell just once ('either to downsize or change area).

I have read a lot on the topic and I have never heard of this.
A family member considering the DWT was certainly never asked if there was any likelihood of moving more than once.I can't comment on the other trust.
I just don't understand the logic in that statement.Surely the whole point of these Trusts is to offer flexibility and safety.
A widow still at employment age could potentially need to relocate for work reasons and then might want to downsize later on in life. Does that mean the arrangements mentioned further up can't even be considered or is this yet another example of poor advice from a solicitor?