Evicting distant relation after probate

Mojisola

nic_c wrote: »

My partner's mother left her house to her son (mothers grandson) in her will, with my partner as trustee. However there was a distant relation living with her mother who has lived in the house since then.

nic_c wrote: »

They are owners after probate.

So who is the grandson?

Cheeky_Monkey

Having an 'inference' in a Will is useless - I'm pretty sure that legally it means nothing. A Will should not be open to interpretation otherwise the wishes of the person making it can/will not be followed to the letter.

From what you said in your OP, your partner and her brother are not legal owners of the property but merely Trustees until such time as her son inherits.

When will that be by the way? Did his grandmother stipulate that he couldn't inherit the property until he reached a certain age?

Cheeky_Monkey

Mojisola wrote: »

So who is the grandson?

The OP's partner's son

Mojisola

Mojisola wrote: »

If the children of the deceased are the house owners, then the property can't have been left to anyone in the will - it didn't belong to the deceased.

Cheeky_Monkey wrote: »

The OP's partner's son

I think I must be missing something here - either the children of the deceased own the property through the will or the grandson of the deceased owns it.

Cheeky_Monkey

I have read it that the grandson was left the property in his grandmother's Will but that, presumably due to his age, cannot actually take possession of it at the moment so it is held in Trust and that the deceased's grandson's mother (the OP's partner) and her brother are the Trustees.

moneyistooshorttomention

Sounds like a session with a solicitor - to get their advice would be a good idea all round.

It does sound like it was left very vague - but surely this woman cant do anything that would be against the wishes of the "legal owners in trust". So if those "legal owners in trust" decide the proper future owner will live there, then they have that right? (even though it sounds like they don't have the right to make this woman move out).

It does sound like the circumstances of when this woman should have "moved out" should have been spelt out - ie a time limit given of "...and she is to do so within 1 year of my demise" for instance. So hopefully a solicitor can give a bit of clarity on the expectations of "moving out".

I can understand someone being left a house to live in until they themselves die. That is quite clear and a friend of mine some time back was left a house on that basis. They were already quite elderly at the time when they inherited that lifetime interest and did manage to persuade the trustees (presumably "legal owners in trust" in her circumstances too?) that she be allowed to sell this luxurious type house and buy a more modest one on the same basis. These legal owners in trust accepted her offer - presumably as a way to release some of the money tied up in the luxury house immediately. With that they were due to have the rest of the house equity when my friend died and the more modest house got sold. BUT the difference, in her case, was she was left it "until she dies" and not "until she moved". It might help trigger some thoughts as to how to deal with this woman though.

Mojisola

nic_c wrote: »

The grandson now lives there, after a relationship breakdown a year ago

Cheeky_Monkey wrote: »

I have read it that the grandson was left the property in his grandmother's Will but that, presumably due to his age, cannot actually take possession of it at the moment so it is held in Trust and that the deceased's grandson's mother (the OP's partner) and her brother are the Trustees.

He can't be that young if he had a relationship that broke up a year ago and he now lives away from family at the house.

xylophone

If the children of the deceased are the house owners, then the property can't have been left to anyone in the will - it didn't belong to the deceased.

The OP does not seem to have clarified the position before his original post but what does seem to be clear is that his partner's mother did own a house and intended the ultimate beneficiary to be her grandson?

However she had a companion who lived with her whose position she wanted to protect?

She made a will leaving the property in trust for her grandson (with her own children as Trustees) but with an interest in possession to the companion?

It may be that after probate, the property was registered in the names of the deceased's children as Trustees of the Will Trust?

At all events, were I in the position of the OP's partner, I would be seeking advice from an expert in wills and trusts as the indications are that none of those involved know or understand the legal position.

DandelionPatrol

davemorton wrote: »

I am sure the wishes of the deceased were that this person should be able to end their years in there home in comfort, and THEN the son get the house. Perhaps the wishes of the deceased should be respected a little.

Indeed. It is very convenient that you have access to the will - please post the relevant text which explains the Deceased's wishes.

davemorton

DandelionPatrol wrote: »

Indeed. It is very convenient that you have access to the will - please post the relevant text which explains the Deceased's wishes.

davemorton wrote: »

It sounds like the wishes of the deceased were that this person should be able to end their years in there home in comfort, and THEN the son get the house. Perhaps the wishes of the deceased should be respected a little.

sorted that for you, well done :T