A person not meeting requirements of a Will

AshB1989 · 30 Jan 2021 at 17:28

I am just wondering if anybody has experience with scenario or perhaps works in this field.

If a Will states a person is allowed to stay in a property for as long as they live, but the house must be kept in good order, what options would the owner have if it wasn't kept in good order?

booyaka · 30 Jan 2021 at 17:37

AshB1989 said:
I am just wondering if anybody has experience with scenario or perhaps works in this field.

If a Will states a person is allowed to stay in a property for as long as they live, but the house must be kept in good order, what options would the owner have if it wasn't kept in good order?

No one here will be able to answer that for you. You need proper legal advice - Much of it will depend on the exact working in the will which allowed them to remain in the house/property. Far too vague in terms of information to confirm anything.

Is it in trust?
English/Scottish law?
Was it previously tenants in common or joint tenancy before the death?
life Interest? Trust Property?
etc etc

Proper legal advice and reviewing the terms of the agreement/will is required

Voltar · 30 Jan 2021 at 18:36

Think OP needs to contact a lawyer specialising in that area tbh.

OP, hope you get it sorted

Puzzled · 30 Jan 2021 at 18:58

Isn't good order a bit subjective? If you had another family member wanting to get them out they could argue that they haven't cut the grass for a few weeks so need to leave.

Sounds like something you'd need legal advice on

Werewolf · 30 Jan 2021 at 20:32

Puzzled said:
Isn't good order a bit subjective? If you had another family member wanting to get them out they could argue that they haven't cut the grass for a few weeks so need to leave.

Sounds like something you'd need legal advice on

This.

For one person it might mean keeping up with the structural maintenance (external paint/render, plumbing etc), for another it might mean keep the garden fence painted and the gardens in good shape, and the interior painted every 5 years.

Tony Edwards · 30 Jan 2021 at 20:40

Could it not mean that the house has to be kept in good order by the now owner? So damp sorted, exterior painted?

Resident · 30 Jan 2021 at 20:41

'In good order' seems very subjective as others have said so I will echo their advice also regarding professional assistance.

arknor · 30 Jan 2021 at 21:02

in good order doesn't mean immaculate

decmatt · 30 Jan 2021 at 21:14

Speak to a lawyer, but doubt the condition is even enforceable to be honest.

Does it even state what would happen if that condition isn't met?

Chris Wilson · 30 Jan 2021 at 23:08

The phrase is a common one in wills and tenancy agreements so I would imagine there is some previous as to how it is generally defined in law. Similarly there will be those who, like with the lockdown, attempt to be imaginatively subjective over such definitions

I'd be interested in what a legal definition is though, should you approach a solicitor for proper advice. Good luck.

ethan · 31 Jan 2021 at 01:14

It means the individual living in it has to pay for and maintain its upkeep/taxes-especially if the ownership is shared. Other owners would be entitled to charge the person living in it rent-even if he/she owned part of the house. Expect a £20,000 bill if you wanted to kick them out.

Meridian · 31 Jan 2021 at 08:16

decmatt said:
Speak to a lawyer, but doubt the condition is even enforceable to be honest.

This is what I was told when I was writing my will. Conditions in wills are essentially guidance, not legally biding in any way. The only way to enforce them is a civil action, and that will usually be more expensive than the prize at stake. So no, OP, you will not be able to get that house away from whoever currently has it without a very expensive court case where the lawyers will probably end up owning it.

AshB1989 · 31 Jan 2021 at 12:10

Chris Wilson said:
The phrase is a common one in wills and tenancy agreements so I would imagine there is some previous as to how it is generally defined in law. Similarly there will be those who, like with the lockdown, attempt to be imaginatively subjective over such definitions I'd be interested in what a legal definition is though, should you approach a solicitor for proper advice. Good luck.

Thank you for all your comments. I think it's clear that I ought to seek legal advice. I think I'm going to pay them a visit and just remind them of the terms of their stay, in a respectful manner of course.

Chris Wilson · 31 Jan 2021 at 12:16

AshB1989 said:
Thank you for all your comments. I think it's clear that I ought to seek legal advice. I think I'm going to pay them a visit and just remind them of the terms of their stay, in a respectful manner of course.

Of course, that's what (big) friends are for

Surveyor · 31 Jan 2021 at 12:34

AshB1989 said:
Thank you for all your comments. I think it's clear that I ought to seek legal advice. I think I'm going to pay them a visit and just remind them of the terms of their stay, in a respectful manner of course.

You should get the legal advice before doing anything.

AshB1989 · 2 Feb 2021 at 18:40

Chris Wilson said:
Of course, that's what (big) friends are for

At 6ft2 and 17stone I should be okay ahaha