Can our Step mother overturn a Right to Occupy to a Life Interest?

saz67

Hello, I need help with regards to my step mother and our later father's wishes
My father sadly passed away last year having left the following in his will.
His wife (of about 9 years) the Right to Occupy our father's home (only in his name) with his three children to receive the residue of the estate after paying out set amounts to eight different charities after the eventual sale of the house. When our step mother no longer wishes to live in the property.
My my brothers and I are to receive some separate money from various investments my father left to us. He also left our step mother with a lump sum, a considerable balance in their joint bank account. Plus she is receiving a very substantial personal widows pension.
Our step mother has her own savings which are are more than sufficient to purchase a home of her own. 
Our step mother now realises that she is lonely, living many miles away from her own children and grandchildren and finding our family home too much. She has emailed to say that she wishes to move house and is under the impression that she has a 'Life Interest', stating that her advisor has told her that she can ask us to sell our late father's home and buy her another home elsewhere.
My brothers and I have not replied to her email yet. My brothers are Executors and beneficiaries of the will. I am just a beneficiary.
Probate is currently in the hands of relevant Government department.
I need to ask whether our step mother will be able to contest the will and ask for a life interest?  Do you think we should let her have a life interest in case she tries to claim for half the value of the house instead???? 
Or do we simply state that our father's wishes are that she can use the house as her home as long as she wishes. However if she wishes to move that will be her choice and that our father's house will go back into our late fathers estate to then be distributed as per his will? 
Thank you in advance for any advice given.

Keep_pedalling

It depends on the exact wording of the will, usually a life interest will allow the sale of the house to purchase another either to downsize or buy somewhere more suitable. 

saz67

Gosh, thanks for your very quick response. This is the first time I have used this site to ask for help. I have actually typed up the relevant section of my fathers will.

8a   My wife ("the Occupant") may live in my house and use it as her principal place or residence so long as she wishes and without charge provided that she uses the 'property fund' to pay all rates and outgoings and keeps my house and effects in good repair and insured to the satisfaction of my Trustees.

8b   Until the Occupant has in the opinion of my Trustees ceased to be entitled under paragraph (a) hereof to use my house as her principal place of residence it shall not be sold without her consent. 

saz67

I have read a lot about the difference between a Life Interest and Right to Occupy.  We are have been used a solicitor for our rather complicated Probate, however he has now stated he is no able to advise us on this situation because our step mother has been in contact with him, something he was unable to stop happening and his position has now been compromised in regards to contest of the will from our step mother. 

Keep_pedalling

Sounds pretty clear that she does not have the right to fund a move from the proceeds of the house, but the trustees should take legal advice before replying to her. 

saz67

Thank you, that's what I thought. I will advise my brothers accordingly. 

xylophone

The will appears to leave your stepmother only a right of abode in a particular house  while it is her principal place of residence. 
 The will gives the Trustees the power to decide whether she has ceased to become entitled.

 If this interpretation is correct, then it follows that she moves to another house which becomes her "principal place of residence" (the home where she ordinarily lives/ receives post/is registered with a doctor/is registered to vote etc), then she loses the right of abode in your father's house and the Trustees may deal with the property as they see fit.

It appears that your stepmother was to be able to use a "property fund" to maintain the house.
Is this under the control of the Trustees?

If so, presumably it simply becomes part of funds which the Trustees may pay to beneficiaries after the stepmother vacates the property?

If unsure, consult the solicitor who drafted your father's will.

saz67

My brothers are the trustees of the Property and Property Fund (for maintenance). Yes, our step mother may use the property fund to keep our late father's house in good repair, which she is doing. My father's latest will was written in 2012 and then a codicil was made to the will in 2015 by the solicitor we have used for our probate. I was thinking that I should get my brothers to ask for his records of the meeting when the codicil was done, which did not make any changes to the Right to Occupy simply revoking a small legacy and taking me off as an Executor. The original will I believe was done by a bank. So in your opinion my brothers as the Executors, should stand firm and just state that she only has a Right to Occupy and that it is unlikely that she would be able to contest the will?

xylophone

My interpretation is as above. 
Your stepmother was not an executor.
With regard to the communication between the solicitor the executors engaged to obtain probate and the stepmother, I am very surprised to learn that he made any comment to her about the matter at all as she was not his client. I am not at all sure that this should not be the matter of a complaint to the solicitor's professional body.
If you want a professional opinion, then you will need to engage another solicitor - it would be possible for the executors to deduct this from estate funds.

saz67

He advised us on the day of our father's funeral that the wording of our father's will is a Right to Occupy NOT life interest. I believe from an email he sent yesterday that he has advised our step mother of this. However, he appears to now not want to guide us in this matter as our step mother has emailed him about her IHT position giving financial information to him and he is now left in a conflict of interests and has stated that he or his company can not act on our behalf or advise us in this matter and that we seek alternative legal advice!!!!!   Do we have the right to ask him to provide us with any notes made when my father did the codicil? I can only imagine the Right to Occupy was discussed or maybe it wasn't? 

saz67

My feelings exactly about our solicitor, I was very shocked to find out that he was been in communication with her without our permission. I will seek advice on Monday from the solicitors professional body as per your suggestion. Thanks for your advice.