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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34274
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband was left the right to live in this house by a living

Resolved Question:

my husband was left the right to live in this house by a living will. this does not cover me as his wife. is there any action i can take to secure the right to finish my life in this house. can a judge overturn a living will.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain a little more about who owns the property and what rights your husband has?
Clare
Customer: replied 2 years ago.

the family own the property but it can not be sold until my husbands death whereupon the monies are to be shared in the family, my husband has the right to live in the property until his death

Expert:  Clare replied 2 years ago.
Hi
Which family?
Clare
Customer: replied 2 years ago.

the property is held in a living will made by David(my husband)s mother We have lived here together for 16yrs unchallenged and have put £35,000 into repairs(ie new boiler, new front porch etc).His niece is the sole executive on the will and refuses me permission to finish my life here. We are hoping a court could give me that right to finish my life here, ,we have no desire to contest the ownership of the house.Thank you Clare for your time.

Expert:  Clare replied 2 years ago.
Hi
I am sorry - could you explain what she means by "a living will"
Clare
Customer: replied 2 years ago.

A living will means exactly that; while ***** *****ves in the house it cannot be sold and the money distributed to the other benificeries.

Expert:  Clare replied 2 years ago.
Hi
Actually a "living Will" relates to an expression of preference as to what will happen if you become unable to make decisions about your health"
From what you have said I gather that your husband has been given a life interest in the property.
When you started living in the property what was said about who would eventually own it?
Clare
Customer: replied 2 years ago.

nothing was said about ownership ,we were just told I could not stay after David died.

Expert:  Clare replied 2 years ago.
Hi
Were you told that from the first day that you moved in?
Clare
Customer: replied 2 years ago.

no not for some years after I had been living here and pumping money into the property

Expert:  Clare replied 2 years ago.
Hi
What were you told when you actually moved in?
Clare
Customer: replied 2 years ago.

only that David did not own the house, I checked with my husband and he says me living here has never been mentioned to him by Dawn, the executive of the will.

Expert:  Clare replied 2 years ago.
Hi
Was his mother alive when you moved in.
If you knew the house was not owned by your husband why have you invested so much money in it?
Clare
Customer: replied 2 years ago.

His mother had died four years earlier. the money was invested as the repairs were urgent and could not be left, dangerous wiring, boiler pumping out co2 etc.

Expert:  Clare replied 2 years ago.
HI
Have you seen the Will - what does it say about who should pay for repairs?
Clare
Customer: replied 2 years ago.

the will states that David is resposibile for maintence but is vague, we have done what had to be done for safety.

Expert:  Clare replied 2 years ago.
Hi
Has any of the work you have paid for increased the overall value of the property?
Clare
Customer: replied 2 years ago.

definetly

Expert:  Clare replied 2 years ago.
Hi
By how much?
Clare
Customer: replied 2 years ago.

by about 50,000

Expert:  Clare replied 2 years ago.
Hi
How much is the property worth now?
Clare
Customer: replied 2 years ago.

about £2000000

Expert:  Clare replied 2 years ago.
Hi
Thank you for that
How old are you and your husband?
Clare
Customer: replied 2 years ago.

My husband is 74 and I am 64, we have been married since 2000.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that there is no basis on which you can force the Estate to allow you to remain in the property after your husband has died.
However you do have a financial claim on the equity as the work that you have paid for has enhanced the value of the property
Since that is the case there may be room for negotiation with the Executors to see if they would be more willing to allow you to stay when they realise that otherwise they will need to make a payment to you
Please ask if you need further details
Clare
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