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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11739
Experience:  30 years as a practising solicitor.
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My partner passed away 3 months ago and in his will he bequeathed

Customer Question

My partner passed away 3 months ago and in his will he bequeathed 50% of the value of the property in his will upon the sale, to myself and the balance of 50% is to be divided between his 3 children. I have been living in the said property for over twenty years with my deceased partner. The family (the other 3 beneficiaries) agreed that I can stay in the property. How do I stand legally on this point.? I cared for my ex partner through his illness for several years until his death at the end of February 2015.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I take it that there is no provision in your partner's Will allowing you to remain living in the property for as long as you wish?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.
No, if there was a provision for me to stay in the property I would not be asking for your advise....please do not think I am a fool.. Shirley finch
Customer: replied 2 years ago.
There is no provision for me to stY in the house after his death... That's the reason I'm asking you how I stan d legally ???
Expert:  JGM replied 2 years ago.
Thank you for your question.
Legally the will envisaged a sale of the property given that the bequests are for a percentage of the value of the property. So legally you have no right to stay on the property. You would be advised to enter into a formal written arrangement with the children so that you have some right of occupancy.
If you don't, and even if you own half of the property after probate, they could insist on a sale at any time.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 11739
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your reply to my question. I was under the impression that as a majority beneficiary of my late partners will I had certain rights of occupancy....this had been explained to me in a rather loose manner by the solicitor involved in drawing up the will. My partner would not have agreed to the said terms otherwise.
I am very distressed to find that legally Ithe property must be sold if the other beneficiaries of the will demand it.
Thank you for your time ..
Shirley finch
Expert:  JGM replied 2 years ago.
No, not unless the will provides that you can have life interest in the half share that he has bequeathed to his family.