Tenants in Common

Elliemiss

Hi, realised I posted this in wrong discussion earlier so hope someone can advise? I'm a newbie as regards posts but a long time lurker (checks every day).

If a TIC has it written in their ex partner's will that they can live there for remainder of life and the will is declared invalid can the ex partner's family force a sale?

Thanks in advance.

Keep_pedalling

Is this a real situation or a hypothetical one. If the former can you provide some context to your question. 

Elliemiss

Hi, potentially real. A has died left a will stating B can stay in house until he dies (TIC). A's family saying will invalid, if they are proved right does that invalidate the clause stating B can remain there, therefore forcing a sale? Or because they were TIC can B remain there even if A's will is invalid? Hope this makes sense, thanks. 

Spendless

What makes the will invalid? It might be worth addressing that first. Also say what part of the UK the person who has died lived in just because Scottish law and English law is different just in case the info is needed for replies.   

Keep_pedalling

If the will is actually invalid then nothing in it will apply and intestacy rules apply. B will still be a joint owner and have the right to remain there unless a court gives the go ahead for a forced sale which will be an expensive exercise.

What was the relationship between A & B, and what grounds is the validity of the will being challenged?

Elliemiss

Thanks for replies. It's in the UK. A&B lived together.  A's family contesting it because A left everything to B basically. 

RAS

Are these dependent children/young adults, or other family members?

doodling

Hi,

As others have said, if the will is ruled invalid then all its provisions are void.  If however A's family are arguing that it fails to make adequate provision for dependants then that is a different matter and a court might use the wills contents as a guide to the deceased's wishes whilst correcting their lack of support for their dependants - e.g. a court might turn a bequest of their portion of the house to B into a trust allowing B to live there until they pass away when it would then pass to A's dependants  A lot would depend on the precise circumstances in that case.

By A's family, are you referring to people who A was supporting in some way (e.g. offspring), or other family members?

Saying that they were in the UK doesn't help as different parts of the Union (e.g. Scotland) have different laws - that is particularly relevant in this case.

Keep_pedalling

Elliemiss said:

Thanks for replies. It's in the UK. A&B lived together.  A's family contesting it because A left everything to B basically. 

That is not a valid reason to invalidate a will, that would require the testator or to fail to sign and witness the will, a fraudulent will or a will made under duress.

Direct family might have a claim that they have not been adequately provided for if they were financially dependant on the deceased, but you can’t say they have been left nothing in this case, they have been left his share of the house, they just can’t get their hands on it until the joint owner dies or no longer require requires the house. 

Elliemiss

Thanks. 
This is in England. 
Basically adult children (non-dependent) trying to find an angle as they weren't beneciaries (apart from their share of house).

Spendless

Elliemiss said:

Thanks. 
This is in England. 
Basically adult children (non-dependent) trying to find an angle as they weren't beneciaries (apart from their share of house).

Were any of them dependant on their parent that has died?  

 Being unhappy with a will and thinking it unfair isn't grounds for saying it's invalid.