Clause in a will and Human Rights Act

mountainofdebt

Bit of a weird question I know but can a clause in a will be challenged using the Human Rights Act?

Basically in my late FIL's will, his partner (of about 3 yrs at the time of his death) was allowed to live in the family home for the rest of her days subject to a number of conditions, one of which she wasn't to co-habit.

We recently been told that she's either co-habiting or letting the property (:eek::eek:) - at the moment this we don't know for certain that she's doing either.

Obviously if she's letting the property thats one situation BUT if she is co-habiting can she challenge the clause under the HRA citing the right to family life?

tizerbelle

Absolutely not. The HRA only applies to public bodies not individuals

securityguy

mountainofdebt wrote: »

Obviously if she's letting the property thats one situation BUT if she is co-habiting can she challenge the clause under the HRA citing the right to family life?

Only if her late partner who wrote the will was, in fact, the UK government.

mountainofdebt

thanks for that - at least we know if she does try and use that (should it come to it) that she'll be talking rubbish.

dzug1

That's not to say there might not be other grounds on which she could (attempt to) stay

John_Pierpoint

You find something like that in pension schemes, usually aimed at childless widows considerably younger than the deceased husband.

Is the "merry widow" considerably younger than her former spouse?

AMILLIONDOLLARS

Who has the title deeds to the property?

AMD

mountainofdebt

The house is supposedly held in trust

Basically under the terms of the will she can't co-habit in the property and can't remarry and live there. She does get a %age of the property proceeds though.

tbh the will is very badly worded and so I wouldn't be surprised if she did mount a legal challenge. Fortunately she wasn't married to my FIL and we think the provision for her, both in terms of being able to live there and the financial provision afterwards, was to stop such a challenge.

RAS

So have you checked that the trust has been set up?

Who was the executor?

In whose names is the house currently registered? You can download the information from the Land Registry for £3

mountainofdebt

RAS wrote: »

So have you checked that the trust has been set up?

Who was the executor?

In whose names is the house currently registered? You can download the information from the Land Registry for £3

tbh I don't think that it has ever been checkled that the trust has been set up and will mention to OH re land registery website

As far as who was the executor, it was the firm of solicitors who wrote the will -though I think the FIL did this soley because he was expecting her to kick off....apparently she was under the impression that he would leave her the house full stop.