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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70635
Experience:  Over 5 years in practice
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My father lives in a house that is willed to his now deceased

Customer Question

My father lives in a house that is willed to his now deceased wifes family.He has lived there for over 26 years.Apparently there is a proviso in the will which says he will be able to live there until the end of his days.
However his 2 stepchildren come and go as they please and have told him he cannot have anyone stay there even overnight.We feel he should be entitled to half the value of the house.Can you p[lease help
Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Didhe house originally belong to someone else (partner or spouse) and that is why he has the right to live in it for life?

Is there any stipulation that he cannot co-habit or have anyone stay over?

Does he want to do anthing about this?
Customer: replied 3 years ago.

Yes the house was bought by his wife outright because she sold her old house.But they were married at the time

Customer: replied 3 years ago.

How long will i have to wait for reply as i have an appointment to go to

Expert:  Jo C. replied 3 years ago.
I need all the information I asked for please.

Is there any stipulation that he cannot co-habit or have anyone stay over?

Does he want to do anthing about this?
Customer: replied 3 years ago.

not to my knowledge.he has not yet seen the will

Expert:  Jo C. replied 3 years ago.
Do you think that they are trying to get him out so that they get the house?
How are they stipulating that he cant have anyone stay?
Customer: replied 3 years ago.

This is what i am afraid of and need to know where he stands,he is 86 years old and has severe parkinsons disease.He is also extremly deaf

Expert:  Jo C. replied 3 years ago.

You can get a copy of the will from the probate registry for a fee of 6 pounds. It is public domain. You will need the date of death and obviously full name.

Once you have the will you will know what is in it with regard to living in the property and normally it would say that he could live in it provided he maintains it and ensures it and does not remarry or cohabit but you need to check the will.

If there is nothing in the will about that, and he is free to have whoever he likes, and go in the house and stay over. Just because someone stays over does not necessarily mean that they are cohabiting if for example it is live in care.

Unfortunately, what your father is experiencing is not uncommon in circumstances like this. It is potentially abuse of a vulnerable adult if the ultimate beneficiaries of bullying him to try to get him out of the property. That is an issue for social services.

If you get a solicitor to write to them threatening reporting the matter to social services if they do not leave him in peace they may leave him alone. They cannot stop him having people to visit or stay over unless there is a stipulation in the will.

Nor can they come and go as they wish if he doesn’t want them to because that is a breach of his basic Human Right to a private life.

If they persist, then it would be necessary for your father to make an application to court for an injunction to stop them coming near him or the house.

There are lots of things that you can do.

Can I clarify anything for you?

Customer: replied 3 years ago.
some equity was taken out a couple of years ago when her children needed money.But the equity company would not let it go ahead unless dad was put on the land registry and had 2% value of the house.
Expert:  Jo C. replied 3 years ago.
Thank you. That doesnt affect my answer as the will is the overriding document regardless of what is in the deeds.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you

Expert:  Jo C. replied 3 years ago.
I am pleased to help you
Customer: replied 3 years ago.

Expert:  Jo C. replied 3 years ago.
Thank you