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Legal matters

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If an older person has a life interest in a house can they do what they like?

4 replies

notagainmummy · 06/04/2021 15:23

If they want a lodger, convert the loft or allow other family members to live there temporarily, can they do that. The adult children of the couple have 60% in trust. Just wondering if there are restrictions placed on the surviving spouse.

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trollopolis · 06/04/2021 18:52

Probably not.

And why would the eventual beneficiaries have a say in who lives in a house that is not yet fully theirs? Are the DC also the trustees? And in whhich jurisdiction is thus happening?

The idea is that the person with the life interest live there as if it were entirely their own, but the trustees might want to take a view on state of maintenance and other plans for the fabric of the building.

The age of the person with the life interest is immaterial.

notagainmummy · 06/04/2021 20:15

This is England. The person is happy to maintain the house at her cost, but doesn't want the trustees dictating her life. The son and daughter are executors and beneficiaries of a share after death. The son is very controlling and the older person is worried they may try to dictate relationships

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Insomnia5 · 06/04/2021 20:26

You need to read the contract. There may be stipulations such as the surviving spouse is not allowed to make any money from the house by renting/subletting etc. It could be that the adult children could stop them.

notagainmummy · 06/04/2021 21:18

@Insomnia5 Good idea. So I suppose the person who wrote the will stipulated something? Is there a standard in these things the solicitor drawing up the agreement, would suggest. Just curious as I thing we ought to be making a will soon

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