Visitors to house

elliebellie

Hi
Bit of an odd one, but I was wondering:

if a husband dies and in his will leaves the house to his wife (which she can live in, until she remarries or dies), can the husband stipulate who is and more importantly who isn't allowed in the house(visitors, relatives etc) after his death?

Any ideas on the validity of an order/restriction in a will?

Many thanks

bryanb

No he can't. Seems like someone is a bit of a control freak to me.

elliebellie

bryanb wrote: »

No he can't. Seems like someone is a bit of a control freak to me.

Pretty much spot on!!

gettingtheresometime

but he may stipulate that she can't co-habit in the house.

g6jns_2

gettingtheresometime wrote: »

but he may stipulate that she can't co-habit in the house.

Have you got a cite for that?

theoretica

I would have thought he could. If the house is being left to the children in the end there is already one restriction (that the wife gets to live in it). If this restriction can be ended by remarriage why can't it be ended by any other action specified?

The Burrell collection recently had to go to the Scottish Parliament to get a will restriction overturned:
http://www.scotsman.com/lifestyle/arts/news/burrell-collection-15m-world-tour-approved-1-3275870

g6jns_2

theoretica wrote: »

I would have thought he could. If the house is being left to the children in the end there is already one restriction (that the wife gets to live in it). If this restriction can be ended by remarriage why can't it be ended by any other action specified?

The Burrell collection recently had to go to the Scottish Parliament to get a will restriction overturned:
http://www.scotsman.com/lifestyle/arts/news/burrell-collection-15m-world-tour-approved-1-3275870

The Burrell Collection situation is irrelevant since it refers to artworks not restrictions on people. Any restriction would have to be reasonable. The provision allowing a widow to have the benefit of living there unless she remarried is quite reasonable and very common. In the 21st century I doubt the Court would be willing to enforce a restriction on the private business of the widow.

gettingtheresometime

g6jns wrote: »

Have you got a cite for that?

My FIL's will for a starter that was professionally drawn up.

g6jns_2

gettingtheresometime wrote: »

My FIL's will for a starter that was professionally drawn up.

That is not a cite! Without seeing the wording it is meaningless. A cite means a case that has been decided in the High Court or above. Even if a will has been drawn up professionally this is no guarantee that the Court would enforce it.

whitewing

I know someone (not a wife) who was left a house to live in until she died or remarried. She got advice that it would be permissible to move a lodger in, with a rent book that should be kept up to date.

McKneff

There is a big difference in being left a house and being allowed to stay in a house till death.


The first part denotes ownerhship of the house.


The second is a loan of the property which they will never own.


Being a control freak from beyond the grave is downright ridiculous and has no place in law.