29 September 2009
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.