Will problems

whitewing

While I don't wish to upset you in such sad circumstances, how do you know that your mother didn't care very deeply for him, and he for her?

whitewing

Perhaps you could ask your neighbouring solicitor if there is any justification for you to carry out a Claire's Law request on your mum's partner. Even if the solicitor agrees you may not get any details confirmed by the police anyway, but perhaps your sister may now be vulnerable as a co-owner of the house eg if she were to be responsible for some of the inspections (I am not sure of the legalities of house ownership if someone gets the right to reside, and this may affect the request).

Somerset

RHYSDAD wrote: »

Mum's will includes him ( I use the term 'him' for the husband) as co-executor alongside my Brother and it basically states that the husband can stay in her home (mortgage free btw) as long as certain conditions are met. He has to maintain it in an orderly way, pay all the bills, keep the house in good order etc etc.

Your mum has granted a life time tenancy. He maintains the property and lives rent free.


He can change the locks, paint the walls red or whatever. He can also evict you - you have no tenancy rights.


Even if he doesn't maintain the house correctly - it would have to be serious disrepair before (expensive) legal action removed his tenancy rights.


I understand that you are angry but the terms of the will appear to be clear.

BigAunty

So your solicitor issues him with an S21 (no fault eviction notice) when the property passes to your ownership and it's up to him to contest it (not aware that there's any defence to an S21 but perhaps in complex cases like these the judge might throw it out) and it's up to the occupant to contest the eviction via the civil route.

It's a shame your late mum set up such a complex will.

I'm assuming (but do check with your solicitor) that the ownership of the property makes you legal landlords. If so, the tenant/occupant will have the right to quiet enjoyment of the property which means they can change the locks and exclude any visits to the property if they so wish.

See the Shelter website's section on 'harassment' to understand that it is a criminal and civil offence for landlords to harass an occupant.

Your late mother seems to have inserted clauses into the will that will be hard for you to enforce.

Looks like you will need to go through a formal legal eviction process and the will may well provide him with a defence, whether or not that spares him eviction, I couldn't tell you.

Somerset

http://www.willsprobatetrusts.co.uk/life-interest-trusts


Life time tenancy/trusts are not uncommon.

macca1974

Whilst no expert in this, I would have thought that you have very few rights over this property whilst the step father is still with us. Its very common for somebody to be given a life interest in a property and effectively it is their house until they die at which point it reverts to you / your siblings. You don't own it and can't have any access to the capital whilst he is still there.

He has a right to stay in the property, you don't have any rights to it until he dies. You aren't the landlord and therefore can't evict him. On the other hand, he can't sell the house or raise finance on it.

Regarding the stipulations in the will about good up keep etc, I've no idea what type of court or action that you would be able to go to in order to ensure that those action are met.

As difficult as it probably is, the best course of action would be to forget about the house for the time being and hope that the bottle of spirits a day has its inevitable outcome sooner rather than later.

whitewing

Would the husband be able to move someone in in the future? (I don't want to add to OP's grief, but am wondering exactly what rights the husband would have).

FBaby

It might be extremely frustrating seeing a man you clearly strongly dislike if not more getting to stay in a home he never paid for, whilst you find yourself booted out, but ultimately, it was never your home, it was your mum and she made the decision that her husband could stay there.

I would have more sympathy if that had happened as a result of her not drawing a will, but she did, it is what she wanted. We don't know everything about our parents or our children and what she told you or what you've seen might not have been the full picture of what she felt for her husband.

I do feel for you, but you have to respect your mums' wishes, even if they were miles apart from yours.

sulphate

RHYSDAD wrote: »

This I totally agree with. My Brother doesn't want to just 'turn up' and no-one would expect him to be able to just let himself in as and when he chooses but a post earlier mentioned 'his home' in relation to the man. It isn't his home geminilady, that's the point. He can stay there but he has no right whatsoever to change the locks and, as I stated earlier, I have been living there so he has evicted me with no notice.
Where am I supposed to live sulphate?
Quick to jump to the defence of a freeloading alcoholic I see with no regard to me having lost my Mother, and, as I stated earlier, he had no interest and offered no help at all with regards to organising her funeral. He just sat there crying his crocodile tears saying 'woe is me'.
Not once did he ask us Kids how we were, how we were managing? No, only concerned for himself as the realisation dawned that his meal ticket was now gone. So thanks for that.

He may not own the house in the sense that he cannot sell it himself, but it is his home and your mother's will has granted him that. He has the right to stay there.

I understand you are upset, but it is not about "jumping to the defence of a freeloading alcoholic", it's about what you are entitled to do and not. For the record, the whole situation sounds very unfair on you, but totally legal I'm afraid.

As someone else said, lifetime tenancy/trusts are very common. My father in law is in a very similar situation to you.

Good luck with contesting the will, if you go ahead.

Errata

RHYSDAD wrote: »

This man physically assaulted my nephew twice and scared mum from her home on three separate occasions.


i

None of which apparently prompted your mother to change her will.