When a house is left under a lifetime trust...

[Blanketwrap]

What control are the ultimate inheritors entitled to?

Friend's mother's house has been left like this, with her DH entitled to stay as long as he needs to.

Friend wants to insist that his son can't stay at the property, because she's concerned that he (a middle aged man with no job, no family and MH issues) will move in permanently and have legal rights to stay when his father dies.

I don't think friend can control who he has to visit, but also understand her concerns.

The terms are that he maintains it, but what can friend do if he doesn't, or doesn't to the standard she expects?

She's been visiting weekly to check all is well, I suspect that's too much and certainly that she shouldn't be letting herself in?

Friend doesn’t get to insist anything, the house is his to enjoy as his home until he dies.

Here to reiterate what @Mrsttcno1 said. The house is legally his to do whatever he wants with (as long as he maintains it under the terms of the trust). Your friend has absolutely no right to enter the house or check up on the owner, nor can she prevent his son from moving in. If he does move in, he cannot legally stay once his DF dies.

Assuming your friend is the remainderman rather than the trustee of the trust? Who are the trustees?

Agree that the DH as life tenant has the right to quiet enjoyment so he can have his son move in, friend can't come round and check up on him or enter the property. However - the tenant of a life interest has the duty to maintain the house in a good state of repair and to cover the bills, but they are answerable to the trustees for that, not the remainderman.

Can she book an appointment with the solicitor who set it up? Maybe get a letter sent confirming the terms of the trust - ie no one else is entitled to live there/claim residency for life. That way the son can visit or stay for a bit but there is legal confirmation he has no right to stay indefinitely, regardless of his circumstances. I have no legal training so this is obviously just a suggestion

If remainderman is the person who will ultimately inherit, yes that is friend (and her siblings). They are also the trustees.

Yes, I've told her I don't think she should be letting herself in and that i dont belive she can control who he has there.

Presumably some sort of visits to ensure the property is being maintained are appropriate though? What happens if it's not?

If the son lives there it doesn't give him any extra rights to the house on his father's death.

What do the terms of the trust say?

some have clauses re. Cohabitation etc. but ultimately, it’s his to enjoy as he wishes. He won’t get any legal rights to stay.

The trust may have terms allowing inspection eg. every six months, or annual - like a regular tenancy, on 48 hours notice etc. There may be rights to evict, there may not.

If friend and siblings are trustees, they need to familiarise themselves with the terms of the trust and their trustee responsibilities ASAP.

This may help as well: www.guardianprop.com/what-to-do-if-your-life-tenant-not-maintaining-property

Pretty outrageous if she’s letting herself in, and no, she can’t dictate who the occupant with the lifetime interest can have living there.