Is there a right to reside in this property

[jennyishere]

I am going to be vague for a reason so please bare with me.
A child, mother and father living in a house with the father. The father had rights to live in the house till death. The house is left to three siblings. In the will it states that when one of the siblings dies, the share of that property goes to the specially, the child or children of the deceased.

If they are under 18, it should be held in trust by the remaining siblings. It also, says it can be sold and invested when needed but the investment should be kept for the child for when they turn 18.

The child and mother now has no where to stay. By evicting the mother and child, the child would become homeless.

What legal standing are there for the mother and child continuing to reside in the house?

Not to forget, there was no will from the father.

Also, the people filling in the form have stated that the property can not be included in the probate as it goes straight to a trust from the time of death.

Help me understand this.

Not to forget, they want to sell the property soon.

This isn't very clear. Is this a stepfamily situation? The will written by the first wife?

Sorry! The couple were not married but the child is the only next of kin to inherit.

No step family involved.

Sorry it isnt clear enough to understand.

So the father has the right to reside, but is not a part-owner of the property?

His child does not have right to reside if the father dies, unless the will specified that.

A partner has no rights at all to reside.

A wife needs to take proper legal advice, but as the father does not appear to own any part of the property, it's highly unlikely ever to be considered a marital asset.

Did the father inherit part of the house along with his siblings then? Or did they inherit it but he had a life interest?

The father is one the three owners of the property after the parents passed away.
In the will, it states that the share of each sibling goes to their child or sibling.

In the will, it states that the share of each sibling goes to their child or sibling.

Sorry not sibling, child or children.

The father has died and the child has inherited his three way share of the house, the child's interest in the property is safeguarded until adulthood BUT the other two of the fathers siblings have the right to sell the property and invest the child's share. If they do this the child and its mother will be homeless.

Is that the situation?

It sounds like the mother should be using the child's share the invest in a new property? Sounds like she needs proper legal advice asap.

So the house is now owned in three parts. Two parts are held by two siblings, the third part is held in trust for the minor child. The two siblings want to sell the house and convert the share of the house in trust to money in trust? But by doing so they make the mother and child homeless?

The father has died and the child has inherited his three way share of the house, the child's interest in the property is safeguarded until adulthood BUT the other two of the fathers siblings have the right to sell the property and invest the child's share. If they do this the child and its mother will be homeless.
This^

What I want to know is that, is this information meant to be included in the probate from too? Or does it have no bearing at all.

The right to reside dies with the father. It is then up to the three siblings (or two if one is a minor) to decide whether to sell the property, buy each other's share or rent it out.

It's meant to say probate form, not from.

The right to reside dies with the father. It is then up to the three siblings (or two if one is a minor) to decide whether to sell the property, buy each other's share or rent it out. How can you make sure the child gets their share when they grow up, as it's not to the mother what happens? This bit of information has been left out of the probate from.

From experience the house in trust is held by a solicitor who has a legal duty to see to the correct distribution of the assets according to the will. (When the house and right to reside was first set up.) So even if this is some years after the original will was executed, they will hold the deeds to the property and are responsible for following the requests made in the will.
I don't know about the probate form, sorry.

Thanks very much and it has been helpful. The person involved is seeing a solicitor tomorrow.

Is a signed probate form final or can it be changed after it has been sent.

Is the house held in trust? It sounds like it is and in that case i don't think it forms part of the estate of the deceased father. As pp said, the solicitor dealing with the trust will ensure the third is transferred to the child

@TheAntiBoop how do you ensure the child gets their share if the house was to be sold? The two remaining people have have been left the right to sell. I just want to make sure the child does not miss out. Or come to 18 and there is nothing.

Can you find the solicitor who dealt with the original will?

Yes I can.

From what you've described, the remaining siblings will hold the child's share of the property in trust and will have a legal duty to manage the trust on behalf of the child and ensure that the child receives their share of income generated by the property as set out in the original will. If they fail to do this, then the child (or someone acting on their behalf) would have to launch legal proceedings to claim what is rightfully theirs.