I'm trustee and executor of dad's last will and testament

adeo

msb1234 said:

To be fair, if they have lived there as your father’s guests for 10 years, I think it’s absolutely fine for some of their things to be out around the house. Clearly this is their home too, it’s just that your father actually owns it. 

If your father has made a will making you the trustee of the house, it sounds like there are conditions such as you not actually owning the house until your nephew has left. I am a trustee of my deceased mother’s estate, her house cannot be sold until her husband dies. I cannot move in, rent it out of do anything until that point. 

It might be helpful to check what your father has put in his will, but of course he has no obligation to show you at all.

Don't forget it's dad's house and nephews partner hasn't been given permission to place her personal effects, chinz etc around the house especially living room, she just does it! Just to clarify I'm the trustee and executor and I have an actual copy of will.

RAS

It would be very helpful if you could quote the exact wording of the clause covering the house, as what you are saying is hard to understand and no-one here can see what the will says.

Remove identifying details.

Keep_pedalling

adeo said:

msb1234 said:

To be fair, if they have lived there as your father’s guests for 10 years, I think it’s absolutely fine for some of their things to be out around the house. Clearly this is their home too, it’s just that your father actually owns it. 

If your father has made a will making you the trustee of the house, it sounds like there are conditions such as you not actually owning the house until your nephew has left. I am a trustee of my deceased mother’s estate, her house cannot be sold until her husband dies. I cannot move in, rent it out of do anything until that point. 

It might be helpful to check what your father has put in his will, but of course he has no obligation to show you at all.

Don't forget it's dad's house and nephews partner hasn't been given permission to place her personal effects, chinz etc around the house especially living room, she just does it! Just to clarify I'm the trustee and executor and I have an actual copy of will.

You are not a trustee of the house, you are appointed as the executor and trustee of his estate which does not kick in until he dies and the will comes into effect. You are trustee of his estate from the date of death until the estate is distributed and wound up, at which point you will own the house and what happens about the lodgers will be down to you. 

poppystar

RAS said:

It would be very helpful if you could quote the exact wording of the clause covering the house, as what you are saying is hard to understand and no-one here can see what the will says.

Remove identifying details.

^^ this. The excerpt you have shown so far simply indicates that it is you who will take on the role of dealing with his estate. Whether the house is left to you will be indicated in the list of bequests as will whether you are the residual beneficiary. So much will depend on this wording and it is therefore hard to advise you without seeing these details.

adeo

poppystar said:

RAS said:

It would be very helpful if you could quote the exact wording of the clause covering the house, as what you are saying is hard to understand and no-one here can see what the will says.

Remove identifying details.

^^ this. The excerpt you have shown so far simply indicates that it is you who will take on the role of dealing with his estate. Whether the house is left to you will be indicated in the list of bequests as will whether you are the residual beneficiary. So much will depend on this wording and it is therefore hard to advise you without seeing these details.

Redacted copy of will

poppystar

I’m not sure this gives you a right to live in the house. It sounds like it has been left in trust to the grandson until his death and after that will be distributed as per the residual estate clause. 

p00hsticks

poppystar said:

I’m not sure this gives you a right to live in the house. It sounds like it has been left in trust to the grandson until his death and after that will be distributed as per the residual estate clause. 

I agree - with the proviso that that clause (6) only seems to apply if the fathers ex-wife has pre-deceased him. 
OP is the grandson named in the will in part 6 the same nephew of yours who is currently living in the house ?

Singlemummy_2

Your dads wishes are for his grandson (your nephew ) to live there, not you. 

It says he can live rent free during his lifetime but that he is responsible for maintaining it

Why do you think you can move in when he dies?

As it’s your nephew I assume you have at least one sibling - it says residual estate will be distributed to all his children - not sure why you think the house is being left to you 

adeo

p00hsticks said:

poppystar said:

I’m not sure this gives you a right to live in the house. It sounds like it has been left in trust to the grandson until his death and after that will be distributed as per the residual estate clause. 

I agree - with the proviso that that clause (6) only seems to apply if the fathers ex-wife has pre-deceased him. 
OP is the grandson named in the will in part 6 the same nephew of yours who is currently living in the house ?

Yes it is , It states that if I the carer of my dad's ex wife predeceased my dad that my nephew is then given dad's house! 

msb1234

The house has been ‘left’ to the grandson - who I assume is the nephew already living there - until the grandson dies. At that point, the house can be sold and distributed according to the will - shared between any of your father’s children who are still alive at the time of his death. If any die before your father, then their children get their parent’s share. If any children die after your father, I’m not sure what happens to their share.

Regardless, the house does not become your possession until your nephew dies.