Will Terminology

Q

Quincy

New Member
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2
My late Mothers Will states. I GIVE DEVISE and BEQUEATH my house and contents (House address) to my Daughter XXXX for her lifetime and thereafter in equal shares to my remaining children.

As to all the rest, residue and remainder of my estate of whatever nature and wheresoever site I GIVE TO MY DAUGHTER XXXX (same person as above.)

The Solicitors final letter has arrived stating that this Daughter has a right of residence in the property for her lifetime.

This Daughter has always resided here with her Mother

Question's : if anybody can advise please.

(1) Will she have exclusive residency whereby she for her lifetime can determine how this household is run without interference from other siblings.
(2) If she so wishes can she allow another sibling to live in the property with her who will by arrangement be paying all the Bill's.
(3) Has she the right to treat it as her own private Home whilst living there even to the extent of changing Locks if necessary as she doesn't want people walking in on her unannounced.
Any advice would be great. Thank you.
 
IANAL

Right of residency, in my understanding, is the right of sole residency.

If you sign a rental lease, you are entitled to peacefully occupy. The property owner can't waltz in anytime they like.

House guests (which is what a sharer is) are not anyone elses business to enquire into. I would personally keep the utilities in the primary occupiers name.

If there is a security concern, then yes, absolutely change the locks.
 
Yes, she can treat the house as her own for her lifetime, deciding on everything from upkeep, to repairs, to who lives with her, to changing locks. The only thing she cannot do is sell it as it is not hers to sell. Your mother clearly wanted her to have a house to live in for her lifetime but was conscious that her other children were inheriting nothing so she made it a right of residence instead.

It will probably not be of much value to the remaining children given they will all probably be elderly when their sister dies. Just a headache to deal with the estate and sell it.

If the mother was 84 when she passed away and I would estimate her children would be currently in their late 50’s, so chances are they will all be in late 80 themselves when they start to pass away, so in 30 years time it won’t be fun.
 
Thank you this was very helpful, & yes your right re. the age's. It's a pity the Solicitor didn't specify these details in his final letter as there are some who thing they can come, go & stay over whenever they like.
I have an appointment to see the solicitor soon & hopefully we'll get it sorted.
Thanks again
 
Noting that only siblings who survive the resident can inherit a share of the house. Grandchildren of the deceased whose parents predecease their resident sibling inherit nothing (unless perhaps all the siblings predecease the resident).
 
MugsGame said:
Grandchildren of the deceased whose parents predecease their resident sibling inherit nothing
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That wasn't what I was saying.

One would assume that the inheriting siblings would in turn leave their property to their children (i.e. grandchildren of the original testator).
 
Yes, I understood your point. I was just pointing out that there are some perhaps unintended gaps in the wording as presented (which unfortunately cannot be rectified now). Partly for the benefit of the OP, so they can make sure family understand these implications (lest there be a multi-generational family feud) and partly for anyone else discussing their estate with their solicitor.
 
Quincy said:
(1) Will she have exclusive residency whereby she for her lifetime can determine how this household is run without interference from other siblings.
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She will have exclusive residence. She is free to determine how the household is run, subject to the constraint that she does have to look after the property, not devalue it, maintain it in the condition in which she receives it, etc, so that it is in the same condition when it passes on her death to those next entitled. So she has to keep it painted and papered and the roof watertight, etc, and if e.g. the windows degrade and need to be replaced to keep the house weatherproof she has to replace them.
Quincy said:
(2) If she so wishes can she allow another sibling to live in the property with her who will by arrangement be paying all the Bill's.
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She can have anyone she likes living with her, but they'll have to leave when she dies. She can make any arrangement about the bills that she likes.
Quincy said:
(3) Has she the right to treat it as her own private Home whilst living there even to the extent of changing Locks if necessary as she doesn't want people walking in on her unannounced.
Click to expand...
Yes.
 
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