Wording Of Will For Exclusive Right To Live In House

[Absolute]

Hi, my mother has written a Will but she is not sure if the wording is right. My father passed several years ago and my mother inherited the house. I live in the house with her currently as her carer. I have 4 siblings, all older, who have all moved abroad years ago and have their own families. My mother wishes to leave the house so each sibling has an equal share of 20% but she wants me to have the exclusive right to live in the house until such time as I die. No sibling should be able to interfere by moving someone else in or make any demands etc.

This has been agreed with 3 of my siblings but there is one who is being a little awkward. So in order to protect me so that he can not contest the Will is the following wording sufficient? This is how the Will is currently written......

"I direct that upon my death my said son ---------- shall have a right to reside in my dwellinghouse at --------- until such time as he marries or acquires his own property.
All the rest residue and remainder of my estate of whatsoever nature and wheresoever situate I give devise and bequeath the same to my children in equal shares absolutely."

Does this wording give me exclusive right to stay in the property until such time as I die? As I will probably never marry or be able to buy my own house.
Does this wording give each sibling a right to 20% of the property?
If yes then how does that work, will they only get the 20% when I pass away?
Can they pass their 20% onto their own children in their own Wills even if I have not died?

Thanks for any help provided.

 

[jpd]

Ask your mother's solicitor - anything else, just leaves it question of a valid will open to dispute

 

[huskerdu]

Your mother needs legal advice, not randomers on the internet

 

[Brendan Burgess]

First of all, I would say that you should not be advising your mother on the wording of the will. That is the type of thing which gives grounds for challenge.

Your mother should make her own way to her own solicitor or alternatively, one of your other siblings should bring her to the solicitor, but not be in attendance during the consultation.

Having said that, I would leave out the "married" bit on the wording. One never knows and if you marry someone who can't afford a house either, then you could be homeless.

This has been agreed with 3 of my siblings but there is one who is being a little awkward.

It is not really up to them to agree or not. Your mother has a right to do as she pleases in the will.

As you are the youngest, you might be the last survivor.

What if the house no longer suits you?

A better solution would be for your mother to leave you the house for you to do with it as you please. You may wish to move. You may have to move.

Alternatively, she could leave the house to you on condition that you pay/owe them money so that if you ever sell the house, you pay them what you owe them.



Brendan

 

[WizardDr]

Solicitor not expensive.

One drafting omission - the word exclusive is not included. And as it stands not until you pass away if you marry or acquire property (what sort of property?) of your own property (should be dwelling house).

Would it be deemed to include civil partnership?

Mr Burgess's point about you helping to draft could help somebody contesting the will usually under s117 one of your siblings and potentially the costs come out of estate.

 

[PaddyW]

She should get a solicitor. Tell them exactly what she wants and they will do it properly for her.

 

[Absolute]

thanks for the replies. She went to a solicitor a couple of years ago and that was the wording they used for the Will. She is now querying whether that wording is correct and covers what she intended. The solicitor she used was in Galway so I guess she will have to go to a new one and do a new Will just to be sure.

 

[Brendan Burgess]

"I direct that upon my death my said son ---------- shall have a right to reside in my dwellinghouse at --------- until such time as he marries or acquires his own property.
All the rest residue and remainder of my estate of whatsoever nature and wheresoever situate I give devise and bequeath the same to my children in equal shares absolutely."

the word exclusive is not included.

Very serious omission.

So while you have a right to reside in the house, the other owners or their children could reside in it with you. Or they could let it to other tenants as well. And they might to encourage you to sell it.

Brendan