You may also wish to stipulate if the sale should be on the open market, or by auction, if you have a particular preference. In respect of the sale of the property, you can include an express direction in your will, to your executors and trustees, that they must sell it.
In this case, you need to be ready to explain how you wish your executors and trustees to act, and give the specific details that you want your children to essentially inherit the sale proceeds, rather than the property. When you give instructions to your solicitor for your will, make sure to go prepared with a list of all the issues you wish to cover and questions you want to ask. The next proactive step you can take is to speak to your family so that there are no surprises when you die it is usually the unexpected which causes family fall-outs. Katie Alsop: It is usually the unexpected which causes family fall-outs Katie Alsop, partner in the contentious probate team at law firm Wright Hassall, replies: The best starting point to avoid arguments after you have died, irrespective of whom you want to benefit from your estate, is to write a will.
We asked a lawyer who is experienced in this field to explain what to do, and the potential pitfalls. Should you decide ensuring your home is sold when you are gone is for the best, you can get a solicitor to draw up a will that achieves your goal. Only you can know if your plan is likely to appease everyone, or simply bring hostilities forward – to your own detriment while you are still alive.īut keeping the instructions in your will secret could also prove counterproductive, if your children are unpleasantly surprised by them after you are gone. So, if you anticipate strife between your children over this issue, you can certainly try to head it off by making your wishes clear now.īe aware though that you might just precipitate and become embrolled in a family row in the present. Even siblings who are agreed on what to do and remain on good terms can face difficulties, for example if there are debts that can only be cleared by selling the house.
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