Rights to house

[Merc450]

My mothers grandchild has lived in her house rent free for the last 10 years or so. My mother is in a home. When she dies has grandchild any rights to the house or is it dealt with as per her Will.

 

[WizardDr]

@Merc450

Sorry to hear your Mother is in a home - but if your mother's grandson has occupied the house for 10 years - there are at least three concerns:

1. Promissory Estoppel - was the grandson induced to stay in the house for the purposes of keeping your mother company or secure? What I am getting is that he may have been promised some benefit other than the rent free occupation..

2. Adverse Possession - if he occupies the house for 12 years without any objection from the owner .. so what does the 10 year occupation involve - was there an implied licence (as in permission) which would defeat adverse possession

3. The will - should decide it unless he is the child of a deceased child in which case he may have right to inherit a proportion of house.

You probably need legal advice.

 

[Merc450]

Thanks for reply

Appreciate the response and I agree i need to get legal advice

There is no promises involved they are just minding the house... While they are supposed to save for their own house.

They have decorated etc as needed but have not done any major upkeep to the house. They pay the utility bills but my Mother still pays insurnance and the recent property tax.

Its difficult to figure out how long they are in the house and could be up to 14 years

If my Mother decided to sell can she evict them ?

 

[WizardDr]

@Merc450

Black Hat view: Once you have possession of over 12 years without the owner exercising any powers a normal owner would - there is a danger of adverse possession.

These cases always come down to the facts. There is a hint that everybody concerned seemed to think that this was a temporary arrangement whilst they saved for their house - except its going on a long time

Is there any acknowledgement by them in writing of the situation?

Eviction sounds like there is already a row - is there?

You need to give more facts or else your mother in law needs legal advice.

 

[goingforgold]

@Merc450


3. The will - should decide it unless he is the child of a deceased child in which case he may have right to inherit a proportion of house.

You probably need legal advice.

If the will states that house is to be left to existing children and deceased child is no longer part of will, is it still the case that children of deceased child have right to portion of house?

This assumes that deceased child was originally on will but will changed after deceased childs death. Also assumes that grandchildren are specifically mentioned separately on will.