Life interest in house

[Deleted User]

I have a life interest in my deceased wife’s house with her adult child inheriting after I die or if I decide to leave. There are a few clauses I.e not to remarry and live there, keep in good repair etc. Her child is now demanding an inspection to get buildings insurance and saying if I refuse I will void the right to live there.  Am I right in thinking you don’t need to inspect a property to get buildings insurance? It can be viewed from outside. I can’t get insurance in my name as i don’t own the building.This is a person who has harassed me and taken things out of the house just after their mother’s death, whilst I was grieving. I’m terminally ill and can do without the stress of this. I have temporarily moved out to have some respite care after some cancer treatment. They have then tried to cancel all my utilities into their name and then say I wasn’t paying the bills etc which I was and informed them it was a temporary situation. They are the executor but Im the residual benefactor, so they have full power and  delaying to pay the final residual amount, presuming they are hoping I die first. It’s coming up to a year since my wife’s death and the stress of this being delayed is having a detrimental effect on my health. What advice could anyone give?

Savvy_Sue

Sorry for this difficult situation you are in. 

Do you have a copy of your wife's will? If you do, I would take a copy to a local solicitor and get their advice, plus a letter to be sent to the executor setting out that you are meeting your responsibilities etc. 

Do you have your own will? Note that if you do die before your wife's bequest reaches you, I believe it should pass to your beneficiaries, so your executor(s) will need to be made aware of this. 

Marcon

Deleted User said:

I have a life interest in my deceased wife’s house with her adult child inheriting after I die or if I decide to leave. There are a few clauses I.e not to remarry and live there, keep in good repair etc. Her child is now demanding an inspection to get buildings insurance and saying if I refuse I will void the right to live there.  Am I right in thinking you don’t need to inspect a property to get buildings insurance? It can be viewed from outside. I can’t get insurance in my name as i don’t own the building.This is a person who has harassed me and taken things out of the house just after their mother’s death, whilst I was grieving. I’m terminally ill and can do without the stress of this. I have temporarily moved out to have some respite care after some cancer treatment. They have then tried to cancel all my utilities into their name and then say I wasn’t paying the bills etc which I was and informed them it was a temporary situation. They are the executor but Im the residual benefactor, so they have full power and  delaying to pay the final residual amount, presuming they are hoping I die first. It’s coming up to a year since my wife’s death and the stress of this being delayed is having a detrimental effect on my health. What advice could anyone give?

Check what the will says. If it's been to probate, you can download a copy for £1.50: https://www.gov.uk/search-will-probate

Getting buildings insurance can sometimes necessitate an internal inspection of a property, especially if someone other than the owner is living there. If you're worried about things being taken without your knowledge, could you arrange this for when you are back home after respite care, or ask a friend/neighbour to be there?

Deleted User said:

They are the executor but Im the residual benefactor, so they have full power and  delaying to pay the final residual amount, presuming they are hoping I die first. 

If you are the residual beneficiary, and die before the final amount is paid, it will form part of your estate, so there's no advantage to the executor's delay.

How very sad that you are having to cope with this - and that your beloved wife's offspring has turned out to be rather less delightful than their mother. 

getmore4less

Presumably for this house the wife was the sole legal owner.
(If not that changes a lot)

The property will be in a trust now.

The trustees become the legal owners

The life interest give you 100% beneficial interest.

[Deleted User]

Thank you for the reply. I have received a notification from a solicitor ( who I’m sure is a family member) saying if no inspection in the next 7 days, my right to live there will end. They are fully aware I’m in respite and this is another excuse to have me removed.Obviously the previous reasons I disagreed with, so now looking at other reasons/excuses. I’m fully aware the residual goes into my estate, but this is not about the money, it’s about closure and being at peace knowing her final wishes were dealt with. My late wife’s last wishes were to be buried with her late son, this has still not been completed. The executor has had the money, since a week after her death, I’m wondering if it has been spent rather than completing the final stage? It does not take 12 months to arrange burial of ashes.This is my home and they are not my landlord, there is nothing stated in the will about inspections.They only get access to the house when I’m no longer here or have a need for it. Would a judge take this all into consideration? I’ve made enquiries and an internal inspection is not necessary for building insurance but definitely for contents, which they are not responsible for. 

[Deleted User]

Yes she was sole owner but I have paid for refurbishments/repairs/upgrades for the last 20 years so that’s why I have occupancy rights. I used my house sale money to pay for these. I will find an inspection an intrusion of my privacy and I’m afraid they are looking for reasons to evict me.

Flugelhorn

this is awful I am so sorry, is there someone who could be with you if the assessor   comes round? preferably someone who can glare at them and make them feel as though they shouldn't take long. I would volunteer if it was someone local to me in these circumstances.

Silvertabby

Flugelhorn said:

this is awful I am so sorry, is there someone who could be with you if the assessor   comes round? preferably someone who can glare at them and make them feel as though they shouldn't take long. I would volunteer if it was someone local to me in these circumstances.

Me too.  I may be little, but I can be fierce when needed!

Can anyone from your respite home help?  Do you have any friends who could stand in for you during this so-called inspection?

I do hope you find a way round this.

thegreenone

I think you need a solicitor asap to counter the letter from the 'family' solicitor and contact the OPG to inform them that the Executor is not working according to the Will.

Are you able to go back to the house now?  I know you are in respite but I think the longer you are away the more chance of your step-child muscling in. I know expensive and you haven't had your legacy but is there any chance of a live-in carer, pref. male, (or @Silvertabby ) to look after you, in more ways than one!  

Despite this being against everything their parent wanted, step-child clearly wants you out to make money.

SeniorSam

Why consider it a problem. Let it be inspected and get the insurance sorted. It can oly prolong matters and build up resentment not to.

sammyjammy

SeniorSam said:

Why consider it a problem. Let it be inspected and get the insurance sorted. It can oly prolong matters and build up resentment not to.

Because (and quite rightly given what OP says) he is probably reluctant to let them enter the house when he is not there, its his home and full of his belongs, the surviving children of OPs wife sound like pond life.