making a willwoul

[bluebird34]

I am about to remake my will now that my husband has died but i have a problem. I own my bungalow and have two daughters and a son + 5 grandchildren all of whom i would like to benefit. However my unemployed 50 year old son has been living with me for the last year and looks likely to be here for the foreseeable future. I am worried that when I die he may refuse to leave and prevent the sale of the bungalow and consequent division of the proceeds. Before I approach a lawyer I would like to know how likely he is to be able to stay put, bearing i mind that these days the law seems to be a hostage to "human rights". Thank you despite my username I am female.

[dzug2]

I think it's a question you should ask the solicitor - there isn't an easy answer.

[rockyracoon]

I'll be interested to hear the answer to this, my mum has left her property to us three children, one of my brothers still lives at home. Mum has told us that we must force a sale to get our money if he is still living there when she goes, he can either buy us out or sell but mum is most insistent it's one or the other.

[bluebird34]

Thanks for your answers - i thought it might not be easy. I will be consulting a solicitor and will let you know = however i doubt it will be until January now so afraid you will have to be patient thanks again.

[Barmaid]

You will need to see a solicitor.

Whilst you can dispose of your property as you wish, I fear that your son may have a claim for "reasonable financial provision" under the Inheritance (Provision for Family and Dependants) Act 1975. This will however depend on the current financial arrangements between you (ie - if he pays board, rent, food etc).

[Whoever]

Of course you could advise your son of your intentions and ask him to move out and find somewhere of his own, hopefully well in advance of any demise on your part although that may be difficult if he is currently unemployed. However, he knowledge that your house will definitely be sold over his head at some point if he's still unemployed may act as an incentive for him to become independent again as quickly as possible. On the other hand, if you risk becoming elderly and infirm, you may appreciate his presence living with you to help you and if that ends up being the case you may wish to enter into some kind of understanding with the rest of your potential beneficiaries that you son is allowed some time to find alternative accommodation after your eventual demise, i.e. 12 months, rather than a rushed sale going through to enable everybody else to benefit.