Will question re: house

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snowdropirl

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Hi my father has 2 properties.

House 1 (where he lives now) on his death wants split between his 4 children (mum deceased).

House 2 - my sister stayed living there since my dad moved out (and looks after upkeep) and bought house 1 above and will prob never marry/have children.

Question:
Can my father leave "House 2" to be willed between us 4 childnre "but" with a condition that my sister can stay living in this house and that upon her departure from the house / or on her death it is then split between us 4 children and/or his grandchildren?

My dad was at a solicitor recently and was told that in his opinion House 1 should be only be split 3 ways and that house 2 be left to my sister and the on her death split say between grandchildren. Said it would not be right for her to get a share of money from House 1 and also receive House 2 in the will. Dad is getting old now and doesn't fully understand legal terms etc.

Is this correct - it would be his wish for my sister to remain in this house and that no other sibling (as 2 brothers will see pounds signs flashing) can force her to move out.

Hope the above is clear.
 
The answer to your first question is YES: the will can be constructed that way. The solicitor was givijg his opinion on what is 'right' and he has a point but it is only his opinion. Your father can leave the House 1 to you 4, and will house 2 to you all but with the proviso that your sister can live their until her death etc, after whuich it is to be divided between the 3 remaining siblings and, if he chooses, the estate of your sister.

warning: this is not legal advice as I am not a lawyer. Slim
 
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will

thank you - i thought this was possible. my sister-in-law brought dad to her solicitor (they live different part of country than me) so i want to make sure that you can make this provision in a will. dad left very confused and phoned me for advice. unfortunately i don't know any solicitors to give a quick call to. i know the solicitor was possibly trying to make a "clean" will so no-one could perhaps protest.

this sister has lived in House 2 for the last 15 years so i, like my dad, don't think it is right for her to be forced to leave upon his death. all of the remainder siblings (3) each have our own mortgaged house and children but this sister only works part time seasonal work.

i would welcome if someone can let me know from a legal end that this provision is possible and perhaps if there is a legal term for such a provision.
 
You say 'bought house 1 above and will prob never marry/have children',

Can you confirm if your sister or your father bought house no 1 which he is currnetly living in?
I asssume houses are in his name?

He could sign over house two to your sister now and on his passing could leave his estate to be split evenly or amongst the other 3.
 
sorry this was mis-worded. House 2 was mum & dads family home (where my sister is now living). When mum died, dad moved to the country and bought House 1 where he is living now.

Dad was told if he signed house 2 into my sisters name now it would cost approx. 10-15k of which my dad nor sister would have the means of raising this amount of money.

Preference is for House 2 to have a provision for my sister to live there until her death and/or if she decided to leave the property that the money from the sale is split between the 4 siblings including herself.

We understand that upon dads death that there will be things like inheritance tax., etc.

Thank you in advance.
 
What your Dad is looking to do is give your sister a "right of residence" in the house. Provided she does not own any other property (and provided the law does not change in the meantime) she won't have any inheritance tax on this transfer. By waiting until your father dies to make the transfer, they are avoiding stamp duty and capital gains tax.
 
thanks this "rights of residence" sounds like what is needed now to keep things above board if it doesn't cost incur tax. My sister does not own, or has ever owned any other property. Does a "rights of residence" cease at the time of death then of my father? I will do some google on "rights of residence" as I am not familar with it!

Think I was hoping to hear was that a "rights to residence" could be put on this house in the will for this sister and then say in 40 years time if she died this estate could then be split between the remaining grandchildren to keep it easier.

Sorry I have opened up a can of worms and it might be best if I can speak to a solicitor and then give dad all the correct terms to ask for!
 
snowdropirl said:
thanks this "rights of residence" sounds like what is needed now to keep things above board if it doesn't cost incur tax. My sister does not own, or has ever owned any other property. Does a "rights of residence" cease at the time of death then of my father? I will do some google on "rights of residence" as I am not familar with it!

Think I was hoping to hear was that a "rights to residence" could be put on this house in the will for this sister and then say in 40 years time if she died this estate could then be split between the remaining grandchildren to keep it easier.

Sorry I have opened up a can of worms and it might be best if I can speak to a solicitor and then give dad all the correct terms to ask for!
Click to expand...

It is possible for your Father to say the above in his will.
 
brilliant thank you all for such quick replies - I will give dad a call and get him onto the solicitor. I think having the correct term will help describe what his intentions were initially.
 
Your father should really go back in to the solicitor and tell them he didn't understand.

He should feel free to explore all issues fully with his solicitor until he does understand.
 
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