Advice re: property and right to live in house following partners death

janeeye
janeeye Posts: 3 Newbie
in Deaths, funerals & probate
Such a morbid subject but my partner is in the process of writing his will. He owns the property we currently live in together, having bought it years before we met. He will leave this property to his daughter upon his death but wants to stipulate that I can remain living there for a minimum of five years (rent free) and also that the property cannot be sold within this 5 year period.
I have no problem with this as I have always planned to move back to my roots so to speak only moving to this area with my partner after we returned to the Uk after meeting abroad! Anyway would adding this 'wish' to his will be legal? or would his darling daughter be within her rights to kick me out? Hopefully I wont have to find out for many years to come but any advice on correct wording etc would be appreciated.

Comments

  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    janeeye wrote: »
    Such a morbid subject but my partner is in the process of writing his will. He owns the property we currently live in together, having bought it years before we met. He will leave this property to his daughter upon his death but wants to stipulate that I can remain living there for a minimum of five years (rent free) and also that the property cannot be sold within this 5 year period.
    I have no problem with this as I have always planned to move back to my roots so to speak only moving to this area with my partner after we returned to the Uk after meeting abroad! Anyway would adding this 'wish' to his will be legal? or would his darling daughter be within her rights to kick me out? Hopefully I wont have to find out for many years to come but any advice on correct wording etc would be appreciated.
    It sounds like he might be trying to DIY the will. Very bad idea. He needs to get it done by a solicitor not a will writer. It my cost £150 but is worth every penny.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    Solicitor can make sure you get the correct wording n the will, typically this sort of thing is done with a IPDI trust.

    There are tax considerations with this sort of arangement that need to be thought through.
  • 74jax
    74jax Posts: 7,921 Forumite
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    It's a hard one. My solicitor said to me how would I feel if a year after I died my DD lost her job, couldn't afford where she lived and was sinking into debt. Meanwhile she owned a house worth, say, 150k but couldn't touch.

    A scenario I would never have come up with.

    Honestly, if daughters and step daughters are involved a solicitor is really needed to go through every scenario.
    Forty and fabulous, well that's what my cards say....
  • Keep_pedalling
    Keep_pedalling Posts: 16,618 Forumite
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    This is a very common clause for people in your situation, but as YM says no way should he attempt to DIY this.

    What about your will? Do you have one?
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    A competent solicitor would draft the will to cover that situation, and others. That is exactly why it is not a DIY job nor one for a will writer.
  • hazyjo
    hazyjo Posts: 15,470 Forumite
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    Is there a mortgage? Is there anything in place to pay this off if he dies prematurely?
    2023 wins: *must start comping again!*
  • SevenOfNine
    SevenOfNine Posts: 2,357 Forumite
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    janeeye wrote: »
    He will leave this property to his daughter upon his death but wants to stipulate that I can remain living there for a minimum of five years (rent free) and also that the property cannot be sold within this 5 year period.

    Do you mean a maximum of 5 years? Starting when exactly, DoD, date of probate grant? What if you meet someone else & move him in, will the habitation still be rent free? Who will be responsible for the upkeep of the property?

    Agree with the others, hopefully a solicitor is sorting out this will so all the variables will be crystal clear.
    Seen it all, done it all, can't remember most of it.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    janeeye wrote: »
    He owns the property we currently live in together, having bought it years before we met.

    He will leave this property to his daughter upon his death but wants to stipulate that I can remain living there for a minimum of five years (rent free) and also that the property cannot be sold within this 5 year period.

    We have a similar clause because it's possible (even likely) that one of our children will be living with us.

    We tried to balance between being fair for the one not to be pushed out in a hurry but not make the others wait too long for their inheritance.

    I think five years is too long.

    As others have said, this definitely needs to be done through a competent solicitor.
  • janeeye
    janeeye Posts: 3 Newbie
    Thanks for all the replies. In answer to some of the questions. I don't have a will in place yet, but have no property of my own. I actually agree that 5 years is too long and have only ever asked that he make some kind of 'wish' that I can stay in the house until I find somewhere else. There is no mortgage on the property.
    We will speak to a solicitor.
    Thanks everyone.
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