Wills and inheritance

[Olizoo]

Does anyone know the answer to this dilemma we have.

My mother will very soon pass away. She intends to leave her partner her house but include in the will that when he no longer needs it, it should be passed back to her family.

Once the property has passed into the ownership of somebody else can the will still dictate who it is sold to in the future if the partner decides to sell it ?

We want to make sure the house remains in the family and are concerned that once it's his house he can do what he likes with it !

Hope someone can help.

Thanks

In her will she can put the home into your/other family members name but with a condition that her partner may live in the property until their death/5 years/new partner etc.

If she is transferring the ownership of the property to her partner and relying on goodwill or trust for her wishes to be met, then there isn't any guarantee it will return to you. What does the will actually say?

I think the legal approach is it belongs to the heirs but he has the right to live there.

Does the will already exist ? I think you need to see a solicitor.

It leaves it to him but adds that in the event of his death or inability to maintain it, it reverts to her family.

If it's just good will we're relying on then it's a problem but I didn't know if there was legal framework to make him honour her wishes.

Thanks for the response

Inability to manage it? What does that actually mean? Grey areas like that are a nightmare when it comes to legal documents. What happens if he remarries or his children/relatives decide they would like to inherit the property?

There is framework, but I don't believe he would ever be the owner under those, simply the right to live there. This would. Relate other issues though in regard to who is reponsible for maintaining the property.

That's what we thought, thanks for your opinion.

I think, in my limited experience, the house should be put into trust for her partner to have the liferent use of until he passes. If ownership transfers to him, I'd imagine he can do what he likes with it in his will.

What others have said. I knew somebody in this postion. Stepmother has right to live in the house for her lifetime and after that property is left to children. This should be reasonably straightforward to include in a will.

Has she writen her will already or is she looking to do it now? If is says what you think it doesn't sound like she's had legal advice in doing it - that's not the kind of thing that is easy to do well DIY.

From what you've written it doesn't sound like there's anything to stop him selling it. He could say that selling it isn't an inability to maintain it but rather a decision to sell.

I know a couple of people that this has happened to. They have been left the use of the house while alive and when they die it will be passed to the children . One of the families contested the will and not only lost the house but a lot of money too..

Sorry about your position but she must leave the house to you if she wants you to have it. She can stipulate that her partner lives in it until death but that he is not able to sell

In this situation, you have to negotiate a maintenance agreement with her partner. You could be in for some big bills if it is not maintained. She could also stipulate that if he remarries it reverts to you. Try and protect your position, particularly if you need this inheritance. It is probably a life changing sum of money for you. You and your Mum should see a solicitor urgently to write the will properly to protect everyone involved.

I'm sorry that you're about to lose your mother- it must be a very tricky time. However, if you have ANY concerns about the arrangements, please please please get her to see a solicitor ASAP. (Solicitor, not a "will writer"). The £2-300 it might cost will be well well worth it.

Solicitors can even go to hospitals or care homes if your mother is too infirm to travel, the only thing is that the solicitor has to be confident that she has her faculties about her.

This is a relatively straightforward legal matter, in that she can leave the house and furniture in trust for her partner for life (or a specified period of time). He would not then have the right to sell it nor (I think) would it be counted as one of his assets for care home fees. But this must be set up correctly and it may have tax implications that you will need to be prepared for.