Will Writing

Monday, September 06, 2010

changing our wills and trust deeds

My sister and I inherited an

apartment in London in 1993 from

our mother, and it was made a

joint tenancy. I have children; she

does not. I am going to change to

tenants in common so that I can

leave the apartment to my

husband/children (I have

requested you to prepare these

documents for me). I have

informed my sister verbally about

the change and will send her the

document you are preparing.



The apartment is rented out. My

sister lives in the UK. I am British

but living in the US - I have a will

here but am having a will drawn

up in the UK also, which will be

harmonized with the US will - my

assets in the UK would pass to a

trust in the US, created by my US

will.



So my question – what are the

issues we should consider for

changing our wills and drawing up

a trust deed?



I imagine these are, for example:

- how would my husband (or

children, should my husband

predecease me) manage the

apartment jointly with my sister?

- What happens if one party

wants to sell and the other

doesn't?

- Should my sister, for example,

have right of first refusal if my

children/husband want to sell and

she doesn't? and vice versa.

- What happens if one party

wants to live in the flat - do they

pay rent to the other half?

Are there other issues we should

watch out for?



Please let me know how much

you would charge for this advice.

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