help!

[moonstar]

Hi one partner dies leaving a will that partner can live in the house until they die, sad greedy evil children of dead partner (who cant even add a headstone on the grave) now looking for clauses in the will to claim the house now, one saying that house is in disrepair ( garden overgrown), the other saying that living partner is not living there, (stays with daughter now and again)., also as there is a mall mortgage on the house it is behind in payment but housing benefit is now paying towards it, living parner is in 70's. they have appointed a solicitor what happens now?

[bednobs]

th solicitor will tell them - thats what they pay for

[Barmaid]

Depends on the EXACT terms used in the Will. Post more detail of the terms and I will try and assist.

[moonstar]

The wil states that she is entitled to live in the house until death, she can sell and buy smaller and use the excess money for maintainance, this house have to be kept good repair however she only gets pension so just a general clean and tidy is all that is done (in 4 years) I have told her to say that she would be willing to move out and let them have the money now as long as she gets a third ( there are two beneficiaries) as she will have to rent accomodation. Obviously they will have to make this a 'gif't to her. They have called her at 1am inthe morning o check if she is at the house, and there have been a lot of strangers passing by knocking the door for one reason or another.

[Barmaid]

Does she just have a right of residence in the property or replacement (sounds likely) or a full life interest in the estate? Who has responsibility for paying the mortgage? Who are the trustees?

If she is being harassed like you say, it may be worth varying the trust (a trust bust). The beneficiaries can agree on what shares they wish, but the fairest way is to obtain an actuarial valuation to break the trust. However, if she is in her 70s, she will probably not get much. Although it will be a clean break.

Given that she has the right to require a replacement property, would she consider "downsizing"? Pay off the mortgage and give the remaindermen a few quid and give the life tenant a smaller property which she can manage on her own?

If it is any help, it is actually damn difficult to "prove" non residence. Your friend should take legal advice since there may well be other avenues open to her such as a claim under the Inheritance (Provision for Family and Dependants) Act 1975, if this is within 6 months of the grant of Probate.

[moonstar]

thanks she is an executor and a trustee it says she may live in the house and use it as her principal residence so long as she wishes, and shall pay rates and outgoings and keep in good repair. also the other trustee is the solicitor who drew up the will, can she change the solicitor as this one is a friend of the beneficiaries?

[Barmaid]

No she can't change the other trustee. She can only appoint another under certain circumstances (and the other trustee being a "friend" of the other side is not one of them). Sounds as if she is in a strong position. Principal residence is just that, so in theory she could go and stay with a friend for several nights a week - as long as she pays all the outgoings on the property and keeps it in reasonable repair and keeps her personal possessions there, they are going to have one hell of a job to get her out (substantial case law on this element under the Housing Acts, which would similarly apply here, subject to the precise terminology used in the Will). I'd tell her to seek legal as a precaution, but generally not to worry.

Incidentally, if the remaindermen have appointed a solicitor, it MUST NOT be the trustee solicitor since he would have a conflict of interests.

[moonstar]

Thanks you know a lot!
So is she stuck with this solicitor, (he is her nephew) he is a trustee and he is a friend of the benef's he drew up the will but we don't trust him he has not yet informed my friend, of any of this, we know through, the new solicitor!
Thank you so much.