‘Inheriting’ house but partner staying…

[CharliesInspo]

I admit this is inspired by another thread.

Beneficiary is happy to allow a remaining, (decent) partner to stay in the house until death. Currently pays no rent to the owner.

However, there is no legal framework covering this potential eventuality within the will, or elsewhere.

Can this ever work in reality? What are the likely pitfalls? I’m assuming that the remaining partner is able to pay for the things that normal tenants do. I suppose that I’d need regular access to check maintenance. These have been hitherto dealt with and paid for by the couple.

Even with a good relationship in place, what rights would the partner actually have?

Am I just dreaming that this scenario could be stress free? if a difficult situation arose such as the roof needing replacing I would of course need to pay for it to be repaired. Problem is - I would not have the funds to do so! How on earth do people manage in such a scenario?

In situations like that, bills and maintenance are usually the responsibility of the person who has the use of the property. If they can’t afford that then they’re free to move out and can rent.

The partner would have whatever rights were specified in the will.

Was a solicitor dealing with the will and probate etc? It would make sense to ask their advice on this one, and they would also be able to point out any potential pitfalls.

So the deceased left owning the house in full and not leaving any provision in the will for the partner to remain?

If within two years of the death the beneficiary could get a Deed of Variation drawn up which would allow the partner to continue living in the property and address potential issues like who pays utilty bills, ensure house is maintained to a decent standard etc, what happens if partner wants to move, remarry, have people move in with them etc etc,

If the person making the will is still alive, I would get them to have a rethink and a chat with a solicitor about either spelling everything out in terms of obligations, or possibly choosing to leave the partner a lump sum instead so that they can buy somewhere smaller or pay several years of rent.

I would get a full repairing lease agreement drawn up, outlining responsibilities and just charge a peppercorn rent. Who is responsible for buildings insurance?

You need to speak to a solicitor and get some legal framework in place. It doesn't matter how lovely or decent the partner is, life has a nasty habit of changing in an instant. I've lived long enough to know that the expression "that would never happen" means jack shit.