We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
What rights does she have?
ouraggie
Posts: 347 Forumite
My father died 2 years ago, leaving a will. The house, where he lived with a lady he was not married to, was his. He left the house to me and my sister, who are both executors, but he included a clause in his will saying the lady may live there until she dies and that we cannot sell the house without her consent. The will also stated that she is responsible for maintenance and upkeep.
We have discovered that the house is not registered with the LR. We plan to do this, registering it in our joint names (my sister and myself). I believe we will have to declare that she has this right to residence.
Worryingly a friend has suggested to me that if said lady ever has to go into a care home (she is nearly 80) they will expect us to sell the house and pay her care costs from the proceeds. Since my father died she has sold her own house and so is not exactly short of savings.
I would welcome any insights.
Neither I nor my sister now have much contact with the lady in question and prefer to keep contact with her to a minimum.
We have discovered that the house is not registered with the LR. We plan to do this, registering it in our joint names (my sister and myself). I believe we will have to declare that she has this right to residence.
Worryingly a friend has suggested to me that if said lady ever has to go into a care home (she is nearly 80) they will expect us to sell the house and pay her care costs from the proceeds. Since my father died she has sold her own house and so is not exactly short of savings.
I would welcome any insights.
Neither I nor my sister now have much contact with the lady in question and prefer to keep contact with her to a minimum.
0
Comments
-
She will have no beneficial interest in the value of the property only the rights granted by the will.
Life interest(interest in possession trust) can make IHT and CGT different to the standard situation and needs proper research advice.
It is in your interest to monitor the property and understand the implications of this trust.0 -
She has no rights except to live there. You need to check that the house is insured and that she keeps it in good repair. She is responsible for the council tax. It would be wise to inspect the house at least once a quarter to see that any repairs are being done.My father died 2 years ago, leaving a will. The house, where he lived with a lady he was not married to, was his. He left the house to me and my sister, who are both executors, but he included a clause in his will saying the lady may live there until she dies and that we cannot sell the house without her consent. The will also stated that she is responsible for maintenance and upkeep.
We have discovered that the house is not registered with the LR. We plan to do this, registering it in our joint names (my sister and myself). I believe we will have to declare that she has this right to residence.
Worryingly a friend has suggested to me that if said lady ever has to go into a care home (she is nearly 80) they will expect us to sell the house and pay her care costs from the proceeds. Since my father died she has sold her own house and so is not exactly short of savings.
I would welcome any insights.
Neither I nor my sister now have much contact with the lady in question and prefer to keep contact with her to a minimum.0 -
He left the house to me and my sister
Worryingly a friend has suggested to me that if said lady ever has to go into a care home (she is nearly 80) they will expect us to sell the house and pay her care costs from the proceeds.
You need to point out to your friend that the house belongs to you and your sister and not your father's friend.
If she ever needs to go into residential care, her assets will be looked at, not yours.0 -
Without wishing to hijack the Op's thread what would happen if the lady friend had an interest in the property?
In our case the teems are the same except if the property was sold then she would get 15%.0 -
gettingtheresometime wrote: »Without wishing to hijack the Op's thread what would happen if the lady friend had an interest in the property?
In our case the teems are the same except if the property was sold then she would get 15%.
The council cant force the owners of the 85% to sell. The 15% on its own isnt worth very much - who apart from the other owners would want to buy it? The council could put a charge on the property so that their money is repaid from the 15% when the house is next sold.0 -
Your friend is wrong - the house is NOT one of her assets. She cannot sell it or let it or make money from it.
She has the right to live there and to not have it sold from under her.
Have you spoken to the lady? Does she actually want to live there? She may be perfectly amenable to moving out and you selling the house. However, she may want to end her days there.
and if she is liable for all the running costs - she is actually saving you a great deal of money on keeping an empty house!0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354K Banking & Borrowing
- 254.3K Reduce Debt & Boost Income
- 455.3K Spending & Discounts
- 247K Work, Benefits & Business
- 603.7K Mortgages, Homes & Bills
- 178.3K Life & Family
- 261.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.7K Read-Only Boards