right of residence in a will

[Joe_90]

My deceased father confired "a general right of residence" in the family home to two of his sons and his daughter in his last will

The three of us equally own the house. The deeds to the house are in a locked drawer at the house.
.

So the three of you own it with a right of residence in favour of the other two.

 

[jellybaby10]

Yes, none of us has an advantage over the other .Thats the way I see it.
My father put it this way so that no single one out of the 3 of us can insist on selling it if either of the other two objects.
He was in his early 90s when he died and and wanted to make sure none of the three of us could become homeless,that we would always have a place to stay.
It was his choice to do that and he did it in the fairest way as I can see. So Im assuming my brother has no right to force a sale of the house as I do not want it sold.

 

[putsch]

In my opinion the fair thing here would be for all siblings to agree to sell and divide the proceeds equally. It sounds to me as if your father was badly advised in drawing up the will. Rights of residence are very seldom used nowadays as they create all kinds of ridiculous situations and do not promote a well maintained property stock. There is a lot more to maintaining property than paying insurance. Also remember that being younger in age is no guarantee that you will live longer!

 

[jellybaby10]

Thanks putsch for your input.

The house is in very good condition and any maintenance that occured in the past I took care of it and will in the future as that is a request of my father in the will along with it being insured by whoever takes out the right of residence.
I have lived at the house for the vast majority of my life and I have only rented at another location for the past few years due to work.

Im do not know who advised my father but it is what it is and I am only taking up what was left me in the will.
If my father had stated in the will that the house be sold unpond his death and the proceeds divided equally between the three of us then that is what would have happened and I woukd have had no problem with that. Everything else in the will left to us (ie his finances) was devided equally between the three of us and in the case of the right of residence that to me has been left to us equally . All I am asking is that I keep what he left me in the will no more no lless . I do have some sentimentality in me regarding the house because of the ammount of time I lived there . My brother lives alone all his family are raised and are doing well if he wanted to he could give up his flat and move into the house as the will states. I think he is the one that is being unfair insisting of selling the house.
Yes your spot on nobody knows how long they are going to live . Whatever days I have left I would like to live in that house.

Once again thanks for you views on this.

 

[PaddyBloggit]

My two cents - It looks as if the law is on your side and the house can't be sold when you want to exercise your right of residency.

I can see it from your brother's point of view too. He'll probably never exercise his right of residency so he wants to get his third from the property. He probably sees it that his share is of no use to him, while you'll get the benefit of the house if you take up residency.

if he wanted to he could give up his flat and move into the house as the will states

how probable is this? Not likely to happen. Who's going to give up independent living to move into a shared residency situation? Who'd make decisions re. upkeep, splitting bills etc.?

I am adamant the house will not be sold .

It looks like bad feeling is going to come out of this whole scenario.

I have no issue with them if they now want to move into the house but they have stated that they do not.

It looks like you're the only one who is going to benefit from the house.

You don't want the house sold. You'll be the only one exercising the right of residency so you should negotiate buying out your siblings or at least negotiate some kind of a financial deal with them.

Your sister is happy not to sell but look at it from your brother's point of view.

 

[jellybaby10]

I think the persons wishes who wrote the will should be adheared too otherwise what the point of making a will.

The three of us have found ourselves in a right of residency since the will was enacted after my father died 6 years ago.
Back then my two other siblings handed me the keys to the house thus not taking up residency.
There was no talk of selling the house then or in the following six years until a few weeks ago when solicitiors and courts were mentioned out of the blue by my brother.

Now 6 years later on one person wants to change the dynamics drastically as far as Im concerned.

Maybe if he had requested selling the house 6 years ago things would have turned out differently.

Im only going by whats in the will however heartless that may appear to some . though I dont see that. Its not being heartless on my part , if I felt my brother
was in dire financial straights I could see his argument but that is not the case.

He is the one who has not considered my viewpoint and sees fit to attack the wishes of our father re. the will, by threatening court action .

Surely it is up to the person who leaves a will that whatever her /she puts in their will remain unchallenged after all it is their will and for them only to see fit how they leave it.

 

[PaddyBloggit]

Surely it is up to the person who leaves a will that whatever her /she puts in their will remain unchallenged after all it is their will and for them only to see fit how they leave it.

Yes ... but ... at the end of the day the living have to deal with the consequences of that bequest.

I didn't realise that this has been in operation for the last 6 years.

Look at the last 6 years. Who has/have used it over that time?

Maybe if he had requested selling the house 6 years ago things would have turned out differently.

Hardly ... because the terms of the will were the same then.

'Tis a hard one. Why after 6 years is he now unhappy with the situation? Did you ask him?

 

[putsch]

If I was your brother I would move in to exercise my right of residence & using your own logic I would justify it as being just to reflect your father's wishes. I think that would demonstrate how unrealistic & unfair your father's will was and might encourage an agreed solution. There is more than one way to skin a cat.

 

[jellybaby10]

I took up residency after my father died for 3 years or so,then because of a change in work I had to move to another city. But I would come up on weekends and stay at the house and on other occasions also.My brother and sister never stayed at the house after my fathers death..There was never any talk of selling the house in the last 6 years .A few weeks ago my brother asked me what would be my thoughts on selling the house and deviding up the proceeds 3 ways. I was a bit taken aback but considered it and told him I did not want to sell the house .Then in another conversation after that he started mentioning solicitors and court. That is why I fount this fourm and asked for advice. He just feels he is entitled to the money from a sale and Im thinking because he has adult daughters its to boost his finances so they can avail of that when he dies. Im just assuming that because we barely speak now and that is his business so Im not interested in his reasons to be honest.
The will may be unrealistic is some peopls eyes but its his will and I know his intentions were that none of us would end up homeless and thats the way he choose to set out his will. It is what it is .

He is welcome to move into the house, I have no issue with that even though now we dont speak that often as we used to. We are not estranged we just dont contact each other as we used to. I feel if he wants to go to court over this then thats for him . I dont hold and ill feeling towards him , you do what ya gotta do.
I'm pretty easy going , its as much his right as it is my sister and mine to live there .
Im pretty confident now after hearing peoples views on this in the forum that I can stay in the house and thats all I want , if my brother and or sister want to do the same thats up to them .I have no animosity towards either of them .

 

[Sophrosyne]

Jellybaby,

Can I ask why you are so determined to live in your father's house?

 

[vandriver]

Of course he didn't want to sell 6 years ago.We were in the middle of the worst recession in living memory.Now, however.....

 

[PaddyBloggit]

..... he is welcome to move into the house

In all seriousness are you really that naive?

You know in your head/heart/soul that he's not going to move back into the house so you are safe in the knowledge that offering this by way of compromise will never be taken up.

The man just wants his third of what's left to him. Three people living in harmony was never going to happen. You got the best end of the deal for the last 6 years. Your sister doesn't care one way or the other. Your brother has his own reasons for selling. What's wrong with him wanting the cash to pass on to his children (if that's what he wants)?

At this stage I think you see the house as yours as you've had exclusive use of it for so long.

Right or wrong ... you are depriving your brother of his share (and your sister also ... her third share might be a welcome boost to what she's getting in the old age pension).

The fairest thing would be to sell the house for the best price possible and for you all to have a nest egg to fall back on if ever it's needed.

 

[jellybaby10]

I like the house and it's location and I've also lived there most of my life. My friends live nearby and the neighbours are nice .Its within a 15 minute walk of Dublin city center ,I like city living as opposed to where I'm renting now in a suburb in another city for work purposes .

 

[PaddyBloggit]

You have two choices - offer to buy your siblings out and make the house your own or ignore what your brother is saying and continue as you are.

The bottom line is that you are entitled to live there and he isn't entitled to sell it without your consent.

And of course, majority rules ... your sister doesn't want it sold either.

You'll just have to make your position clear, move on and whatever your brother decides to do deal with it then.

 

[jellybaby10]

Thanks PaddyBloggit

I iagree with your view ,I have two choices and I'm going to do one of the actions you have put forward. I will make my position clear to him ,move on and whatever he decides to do after that I will deal with it.

A big thank you to all who replied with their views about this.

 

[twofor1]

My two cent’s,

The best solution as already stated would be to buy the other two out.

You have already said that you are not able to do this, as long as this remains the case I see absolutely nothing wrong with you taking up your right of residence as per your Dad’s wishes.

 

[Monbretia]

I'm not going to read back through the lot but have been reading it periodically so may not be remembering correctly but if I remember correctly neither the OP nor his sister have children but the brother who wants it sold has children. At the end of the day so they will be the ones to actually benefit as when all three rights of residence no longer apply then it goes to the grandchildren so really his family have the most to gain in the end.

 

[cremeegg]

And of course, majority rules ... your sister doesn't want it sold either.

I dont believe that the majority does rule here. The op has a right of residence in the house. This is true no matter what his brother or sister want.

In my opinion the fair thing here would be for all siblings to agree to sell and divide the proceeds equally. It sounds to me as if your father was badly advised in drawing up the will. Rights of residence are very seldom used nowadays as they create all kinds of ridiculous situations.

That may be how you think about things, and you can do that with your property, but the OPs father felt differently. He gave a right of residence to each of his 3 children, why on earth should anyone question the wisdom of that.

The father was well advised. He wanted his children to have a place to live and they do. No matter what hardship the children may encounter they will always have a place to live. It may not be the most ambitious use of the fathers property, but that was his choice, why should anyone question that.

 

[PaddyBloggit]

I dont believe that the majority does rule here. The op has a right of residence in the house. This is true no matter what his brother or sister want.

All I was saying was that outside of residency issues, two opposed three regarding selling the house so selling the house was going to be a non-runner anyway.

As all three are adults the house could be sold if they all agreed regardless of residency stipulations in the father's will as the house is now jointly theirs.

The bottom line is that the brother who wants to sell cannot as the others do not agree and one of them wants to exercise his right to live there.

No matter what hardship the children may encounter they will always have a place to live.

Looking at it his way, the father made a wise decision ... his children always had a place to live ... no matter what.

Of course he could always have insisted it be sold, proceeds divided up and they sink or swim on their own terms after that.

the grandchildren so really his family have the most to gain in the end.

This should be put to the brother ... his family will ultimately benefit in the end.

Another issue that hasn't raised its head yet is the one regarding paying for the house's upkeep .. the OP is paying all that, with no mention of the other siblings contributing. It could also be argued that both siblings had no interest in the property when they took no active part in the upkeep etc.

'Twud have been far simpler to have had the house sold and proceeds divided had the father gone that way.

But it is what it is.

 

[Vanessa]

I have some experience of this type situation and disagree with some of the posters.

It is my opinion that if the situation is that the house was left to the three of ye then the brother is perfectly within his rights to cash in his share. If the other two object he will need to get a court order directing that the property be sold. After all legally he is a one third owner and the Courts will uphold his property rights.
The Court will order that it be sold unless ye come up with a solution.
But it is one thing gaining an order to sell it is a more difficult thing to get a buyer. Unless the other two sign away the right of residence no one except them would be interested in buying it. If the house is not sold he will remain a one third owner and will be entitled to leave his share to whoever he wishes.
This will stir up further trouble down the line for you as then someone,maybe not even a relative, will become involved
Your father was badly advised to insert the right of residency in the will and then leave it to the three of you. He has not done any favours. This will is typical of many bad wills made in this country and the only people to gain will be the legal profession.