Last Will and Testament

Tyler119

Yorkie1 wrote: »

If she has a right to live in the house for as long as the conditions are met, then I don't think that the right can be withdrawn just because you think she might be in a position to afford a different house (unless the will contains further information about situations in which the house might be sold).

The independent firm should be able to advise. Ensure you get details of their fees first.

To be honest I don't think it, I know considering it was myself who picked up cheques related to inheritance tax and passed them on to her. The point is that it seems wholly unreasonable that they both own 50% yet one party has more say over the asset than the other.

British law is partly built on the grounds of what is reasonable and what is unreasonable. The stance (from my OP) she is taking appears to be unreasonable. Its not like we are asking her to leave today, tomorrow or even next month, just for her to be reasonable about it.

getmore4less

What do the wills actualy say?

Yorkie1

Tyler119 wrote: »

To be honest I don't think it, I know considering it was myself who picked up cheques related to inheritance tax and passed them on to her. The point is that it seems wholly unreasonable that they both own 50% yet one party has more say over the asset than the other.

British law is partly built on the grounds of what is reasonable and what is unreasonable. The stance (from my OP) she is taking appears to be unreasonable. Its not like we are asking her to leave today, tomorrow or even next month, just for her to be reasonable about it.

It is perfectly common and reasonable in English law (I don't know about Scottish law) for a property to be left to one set of beneficiaries but for someone else to be given a life interest in the property - i.e. the right to live there for the rest of their life.

There is usually nothing that the ultimate beneficiaries can do in that intervening period, even though they are the actual owners. They don't trump the occupier.

Of course, the situation where this usually occurs is between spouses and the 'owner' generation is the younger one - but not always.

If the will gives her the right to live there, then you do not have the right to force her out. She does not have to 'be reasonable' and accommodate your demands; she is fully entitled to live there under the terms of the will for as long as she wishes.

But we are ahead of ourselves here. You are going to get independent legal advice from someone who is a) qualified and b) has sight of the document.

Your main focus should be on asking whether the grounds are met for her no longer to be entitled to live there, and what steps can be taken to determine that position. [STRIKE]If the grounds are met [/STRIKE] [Edit: If she continues to meet the grounds to live there] then you are not entitled to harass her out.

rpc

As others have said, you really do need good legal advice. Ultimately, she can occupy that house until the day she dies as long as she meets the requirements of the will. You and partner may not be able to realise the inheritance (but you can pass it on to the next generation). It is not reasonable to pressure her to sell provided she is still abiding by the will. You could offer that she buys you out at a generous rate, but there is little incentive for her to do so.

If she isn't maintaining the property in good repair, she may forfeit her right of occupation. That would mean a nasty (and expensive) court battle to resolve.

Her right of occupation may not exclude your OH from also living there - it depends how it is written. She owns half the house and can't sell while sister lives there but that doesn't mean she is necessarily prevented from living there herself.

Whatever you do, this is likely to get messy.

Tyler119

rpc wrote: »

As others have said, you really do need good legal advice. Ultimately, she can occupy that house until the day she dies as long as she meets the requirements of the will. You and partner may not be able to realise the inheritance (but you can pass it on to the next generation). It is not reasonable to pressure her to sell provided she is still abiding by the will. You could offer that she buys you out at a generous rate, but there is little incentive for her to do so.

If she isn't maintaining the property in good repair, she may forfeit her right of occupation. That would mean a nasty (and expensive) court battle to resolve.

Her right of occupation may not exclude your OH from also living there - it depends how it is written. She owns half the house and can't sell while sister lives there but that doesn't mean she is necessarily prevented from living there herself.

Whatever you do, this is likely to get messy.

I really really hate mess and it is something that we wanted to avoid altogether. Thanks again for everyone that has replied. Hopefully the legal advice will help us and her. Looks like we are having a sit down with her this week and I am hoping that some cohesion between everyone will happen.

Thanks very much again.