LIFE TENANCY

Dilemma1405

Hi, my mum has recently updated her will, she has 5 children, myself and four siblings. My brother who is 43 still lives at home with mum and he works full time. In her will she has gifted my brother a life tenancy to remain in the property which she owns outright , our question is what would happen if she were to become seriously ill and need to go in to a Residential/Nursing Home, would the property need to be sold to pay her care fees and my brother move out of the property??

DE_612183

yes, the life tenancy only applies after death and the will is executed.

If there is no property, then the clause is not applicable.

Does anyone have financial POA?

Mark_d

My understanding is that the will does not apply until your mum dies.

Your brother is not a dependent of your mum - he is working age and working full time.  For this reason there may be a requirement for your mum's property to be sold if she needs to go in to long-term residential care.

There may be option for your mum to gift or sell the property to one or more of the siblings now. Another option might be that the property is sold when your mum dies - and at that point the council/local authority take a deduction to cover your mum's care fees.

Dilemma1405

DE_612183 said:

yes, the life tenancy only applies after death and the will is executed.

If there is no property, then the clause is not applicable.

Does anyone have financial POA?

Yes, we have financial and health and welfare POA

Keep_pedalling

The big issue is why is she doing this if he is not dependant on her, if he outlives all his siblings none of you will benefit from the inheritance ( although your children will do)

Savvy_Sue

Sometimes a will specifies that someone can remain in a property they shared with the deceased until ... which prevents a live-in partner being unceremoniously evicted before the body is cold. 

and I have to ask what provision there is for if your brother were to move out before your mother died? These things have been known! 

Dilemma1405

Keep_pedalling said:

The big issue is why is she doing this if he is not dependant on her, if he outlives all his siblings none of you will benefit from the inheritance ( although your children will do)

We have been provided for in financial terms, my brother has never married and is single and still lives in the property and helps with the bills, maintenance etc. If he decides once Mum has passed that he doesn't wish to remain in the property , the property will be sold and shared equally.

poseidon1

Dilemma1405 said:

Keep_pedalling said:

The big issue is why is she doing this if he is not dependant on her, if he outlives all his siblings none of you will benefit from the inheritance ( although your children will do)

We have been provided for in financial terms, my brother has never married and is single and still lives in the property and helps with the bills, maintenance etc. If he decides once Mum has passed that he doesn't wish to remain in the property , the property will be sold and shared equally.

Then that is clearly not a life tenancy ( in the trust terms ) of the house.

A true life tenancy would require if the house is sold the brother would have the right to reside in a replacement property and/or entitled to enjoy the income stream from the sale proceeds for life.

If you are correct regarding what the will states in the event of the property sale during your brother's lifetime, then that appears to be nothing more than  a lifetime licence to occupy that specific property and is a very different legal concept ( in land law ) compared to a true life tenancy which has a very specific trust and IHT meaning as mentioned above.

Might be worthwhile nailing down exactly what the Will states on the brother's behalf to avoid future confusion. For example what would prevent the brother continuing to occupy the family home ( rent free ) after mother' s death, but purchasing an investment property of his own to enhance his own future wealth accumulation at the expense of siblings?

Best to ensure everyone is on the same page here.