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Any experience or knowledge of right to occupy clause in a will?

31 replies

Kdowbe · 01/03/2026 16:30

I will be taking legal advice on this but am still interested in people's experiences or knowledge with right to occupy clause in a will.
Basic scenario is I have adult children and I live with my partner, in my house, we are not married and don't intend to marry. I own my house outright. We have been together for four years and living together for one year.
I want to sort my will. My wish is that in the event of my passing, there is a right to occupy clause that allows him to remain living in the house for a defined period eg two years. He is happy with that potential clause. The clause would have the usual caveats ie he must maintain and insure the house, can't sub let it, and is void if he marries or moves out etc.
On selling the house the bulk of the money would go to my children and he would get a percentage. He's never needed to invest in this house financially and has lived here rent free although contributes to all bills etc.
I have been told by one solicitor that having trustees is not necessary.
Has anyone had any experience of this kind of situation?

OP posts:
Crescentman · 01/03/2026 20:32

You can appoint anyone as your trustees. Normally on first death there will be 3 trustess in place, if 1 or more dies the remaing trustee can appoint a replacement. Please ask anything further.

Kdowbe · 01/03/2026 20:47

Crescentman · 01/03/2026 20:32

You can appoint anyone as your trustees. Normally on first death there will be 3 trustess in place, if 1 or more dies the remaing trustee can appoint a replacement. Please ask anything further.

Thank you so much, I may do. I'm going to do some thinking

OP posts:
Soontobe60 · 01/03/2026 23:47

Kdowbe · 01/03/2026 20:29

Thank you, these are helpful and important points.
I assume trustees can be trusted friends?
What happens if the trustees die during the time when the trust is in place?
What happens if I can't find trustees? Is it potentially onerous being a trustee?

My mother’s will was set up as a trust with her husband given the right to remain in her house until he either cohabited with someone, went into a care home or died, whichever came soonest. The trustees were all the beneficiaries - myself and my siblings plus her husband.
He ended up in a home after she died and as a result I (as her executor) had to apply to the Court of Protection in order to sell the house. He was replaced as trustee by a solicitor who dealt with the CoP application and subsequent conveyancing.
As a trustee, nothing really needs to be done.

Kdowbe · 02/03/2026 08:50

Soontobe60 · 01/03/2026 23:47

My mother’s will was set up as a trust with her husband given the right to remain in her house until he either cohabited with someone, went into a care home or died, whichever came soonest. The trustees were all the beneficiaries - myself and my siblings plus her husband.
He ended up in a home after she died and as a result I (as her executor) had to apply to the Court of Protection in order to sell the house. He was replaced as trustee by a solicitor who dealt with the CoP application and subsequent conveyancing.
As a trustee, nothing really needs to be done.

Thank you

OP posts:
Roomgigi · 02/03/2026 10:05

What does your partner's will say? You haven't been together very long so do you really need to provide housing and money in the event of your death?

Negroany · 03/03/2026 02:10

Soontobe60 · 01/03/2026 23:47

My mother’s will was set up as a trust with her husband given the right to remain in her house until he either cohabited with someone, went into a care home or died, whichever came soonest. The trustees were all the beneficiaries - myself and my siblings plus her husband.
He ended up in a home after she died and as a result I (as her executor) had to apply to the Court of Protection in order to sell the house. He was replaced as trustee by a solicitor who dealt with the CoP application and subsequent conveyancing.
As a trustee, nothing really needs to be done.

Something does need to be done - the trust needs to be registered.

And a trustee has to act in the best interests of every beneficiary, not only their own, and not just a preference.

It's actually quite an onerous task in some cases.

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