Right of Residency

P

pool

Guest
My mother died and left the family home to my sister but stated in the will that I have a right of residency for life. What does this mean and what I am entitled to in the house. Its a four bedroom house
 
I reckon it entitles you to reside (live) in the house. As regards ownership of any contents these would have to have been spelt out in the will.
 
my sister is saying i am only entitle to live in the bedroom and not use any other part of the house
 
pool said:
my sister is saying i am only entitle to live in the bedroom and not use any other part of the house
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That's very unlikely.

I suspect that you lived in the house with your mother and your sister lives elsewhere?

Normally such an arrangement would mean your sister owns the house and you're effectively a "sitting tenant" for life (i.e. you've "the run" of the whole house until you die but she owns it).
 
no we all lived in the same house, never got on with my sister, all the will said was the house is left to __________ and ________ has a right of residency for life.
 
Unless it's an exclusive right of residence, then it's a sharing situation. However, residing in a dwelling means more than just sleeping there, so your sister couldn't limit you to the bedroom - you'd have to be able to access the bathroom, kitchen living room etc, and you'd be able to have visitors. She won't be able to sell the house without making suitable arrangements for somewhere for you to live

Given the apparently bad relationship between you and your sister, would it be worthwhile to consider asking her to buy out your right? I'm not sure how it would be valued, but a solicitor could advise you. With the money you could rent or have a deposit towards a place of your own and not have to live in such an atmosphere. Her incentive is that she won't be able to sell or raise a mortgage while your right exists without her consent.
 
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