Managing house left in will but with partner resident after death

[FurForksSake]

This isn’t a unique situation but not one I have direct experience of. Family member dies and in will leaves house to her adult child but with the provision for family members partner to remain in the home in perpetuity. House has no mortgage, is in general good state of repair but may need a new conservatory.

who pays for the maintenance and up keep of the house? Are there legal expectations as with a landlord and tenant? I feel it’s sensible to draw up some level of agreement, day to day running and maintenance up to the inhabitant but any major work to be discussed / approved / paid for by the owner. We don’t imagine there will be any issues with the relationship between family members partner and beneficiary, but that could change and there are some mental health challenges which could progress.

We don’t want to be unfair, but we do want to make sure everyone is covered and it is transparent. Also considering that this is an asset and will be sold at some point and we’d like to make sure it holds its value as well as being a comfortable and nice place for partner to live. However, we can’t afford to be paying the running costs on a 4 bed house day to day.

family member has not passed away, but has received a terminal diagnosis and so everyone is trying desperately to make sure all wishes are known and she can not stress about what comes next for us.

Which country are you in?

A life interest is arranged via a trust and trustees have a duty to act according to the trust deed. Therefore they cannot direct a sale of the property as they life tenant has a right to live there which only ends under specific circumstances.

I didn't mention putting it in a trust at all, if you read back the second paragraph.

I was suggesting an alternative to a life interest/right of residence trust.

My dh and I own our house 50/50, my dc will inherit my half, him with lifetime interest unless he sells then they will get their inheritance. His will is different as he has more assets, the whole house is to me along with his pension, his savings are to his dd. We will review this down the roads as funds in the bank change, laws potentially change etc.

My Aunt had a right to live in her husbands house until she died or moved into a home. As per the agreement, she was expected to keep the house in good repair at her own expense.
OP, I do think you would be better off consulting with a solicitor. They are probably used to this.

@Changename12 we very much do have a solicitor and apparently it is drawn up “properly” but I don’t think there are any caveats and that is something I think we may ask to be added. To really make it all transparent regarding timings, responsibilities and other bits and pieces. You don’t know what you don’t know.

I am in this same scenario and agree with all this poster has said.

You do have to bear in mind that, in the case of my Aunt, someone who is ageing, may not have the mental capacity to think about repairs etc.

I meant, could the OP ask the surviving partner to move and then sell the house, thus ignoring the instruction in the will that the partner has the right to reside in the house for as long as he wants to?

Or could she sell the house with him as a sitting tennant?

if she refused the inheritance, who would inherit the house? The next next of kin?

If it is left in a will that says something like X has a right to live in the property it creates a statutory will trust.

If the inhabitant has a life interest, as decreed by the will, then the home is also included in calculations for nursing/care home costs, just so you know.

Thanks messy.
It really does create a millstone around the inheritor’s neck for a long time then, doesn’t it ☹️

I don’t understand how it can. Having a life interest in a house has no monetary value if you can no longer live there. You can’t transfer it to another person.

I think it depends of how the will is worded
My Mums partner has the right to live in her (my) house but if he no longer wants to live there or dies then thats that.
I verified this with her solicitor when she died

It should say in the will, and a good STEP solicitor should (!) have covered all bases.
I took my Mum's will to a solicitor to fully understand what exactly it meant. No marrying no moving out no cohabiting no dying and look after the house and pay the costs. Ok. But, could he ask for the house to be sold and something more suitable purchased? (In our case, no). Could he have lodgers? Etc.

In my case it's ok so far. I did take the precaution of doing house insurance jointly with him, even though I didn't have to - in the unlikely event it burns down with him in it, I can claim (hopefully this doesn't happen).

It does create a "will trust" which does, now, have to be registered, but this is not hard, I did it in 30 mins or less online and the HMRC chap I spoke to beforehand was very helpful.

I have seen it go away elsewhere, so would definitely say it's not something to be done lightly.

This is exactly what has happened to my friend and their siblings. Their father asked them to ensure his partner could stay in his house for life, which they honoured, getting a legal agreement drawn up after his death that gave her the right. He's been dead 30 years now, but she's still living there, and is uncooperative. They have to pay for insurance and any structural work. It is entirely possible that she will outlive at least one of the children, and several of them have been in financial difficulties.
I think it would have been far fairer to give her a limited time to live there rent free, eg 3-5 years, to make her own arrangements.

I have had a few friends in this position. There was no contract and the maintenance was looked after my the remaining partners until they died.
In one case he was asked to leave after a year, he was only 55 so could have been there years.