Areas of Law / Wills and Probate

My partner and I are splitting up. The house is in joint names but independent halves. I have agreed that he can live in the house as long as he gives his half to our son when he dies: he has other children by a previous marriage. How can we arrange this legally?

Your partner will have to put his share in trust for your son, giving him a right to enjoy his half of the house on a rent free basis during his lifetime, I would suggest that you are one of the trustees of this trust. Once your partner has “settled” his half of the house in this way it will not pass under his will but will pass instead to your son under the trust and override any clause which your partner might seek to insert in his will at a later date.

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