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The Inheritance provisions for family and dependants act 1975
maya40
Posts: 24 Forumite
Hi i am a beneficiary to a house there is 6 of us but my Nans partner who she is not married to is living in the house rent free according to the will. He since moved my Nans carer in which was a shock to everyone and her son has started to do work on the house. The partner of my nan who she has lived with a long time is now threatening to use the Above act and i feel he is trying to take our inheritance away. I have no money and i am worried i wont get my Inheritance. Can he do this ?
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Comments
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Let me start by saying I have no practical experience of someone using this act to obtain benefits not given to them in the will.
Can I clarify the situation:
A Grandmother was living in her own house and took in a companion, let us call him Toyboy as a male equivalent of the the female term mistress.
Toyboy has no income of his own (pension ?) so was dependant on grandmother?
Over the course of time grandmother became frail and she and Toyboy (and the council and the rest of the family) employed a single (?) woman to assist with the care of grandmother, let us call this woman Carer.
In the course of time grandmother died and her will revealed that she has created an interest in possession trust giving Toyboy the use of the house for life.
Toyboy has promptly moved in "lodgers", who turns out to be Carer and her son.
Can you post the text of the part of the will that gives a life interest to Toyboy ? He might in fact have been given a tenancy?
How old is Toyboy?
What is his health like?
What is the value of the house?
How old are the 6 beneficiaries ("remainder men")?
Carer is unlikely to acquire legal rights to remain, when Toyboy dies, though her nursing skills may keep Toyboy residing in his home longer than otherwise would be the case. Carer/Lodger and son are likely to become squatters upon the death of Toyboy, and will require a correctly served eviction notice from the trustees/executors; a legal procedure that is likely to take 3 months.
At the moment I can see no reason why Toyboy would need to resort to the 1975 act.
http://articles.rollingsons.co.uk/2009/11/the-inheritance-provision-for-family.html0 -
not married he has no rights.0
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pauletruth wrote: »not married he has no rights.
He does have rights - if he was a dependent of the deceased at the time of her death he has the right to apply for 'reasonable financial provision' from her estate. Was he dependent?
What that 'reasonable financial provision' turns out to be depends on the circumstances - there's no prescriptive right to anything
It's arguable that the right to occupy the house for life is reasonable - sounds like he may wish to argue for more. How successful he would be - pass0 -
not married he has no rights.
Not true under the 1975 Act - an unmarried partner who has been partner of the deceased for 2 years or more has the right to claim under the Act - but if he is living rent free in Nan's house according to her will, I can't see how he can claim that Nan's will has not provided for him sufficiently (which has to be the basis for a claim under the 1975 Act).
Was he Nan's partner (and living in the same household as her) for more than 2 years before her death?0 -
pauletruth wrote: »not married he has no rights[other than those given to him by grandmother's will] ?
Politicians, what ever we might think of them and their policies, had woken up to the following truth some time ago:
I really don't see why I and the rest of the tax payers should support Toyboy, when you clearly don't want to share you rentier income with him..
Perhaps Toyboy should be congratulated on becoming economically active by subletting his inheritance to two lodgers?
http://en.wikipedia.org/wiki/Rentier0 -
Yes more than 2 years and using her bank cards even to buy her presents0
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Can you post the text of the part of the will that gives a life interest to Toyboy ? He might in fact have been given a tenancy?
What does the Land Registry say about the LEGAL ownership of the property - it costs £3 on-line to find out.
Who is the executor of the will ?
When was probate granted?
When did Nan die ?
We really do need more FACTS to give worthwhile advice.0
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