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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9317
Experience:  I have been practising for 30 years.
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My wife died about 2 years ago leaving the house (freehold)

Resolved Question:

My wife died about 2 years ago leaving the house (freehold) and personal property to her son from her first marriage save for a couple of small personal bequests. To me I was left the right to stay alone in the house until my death at which point the house will become the property of her son. It is stated in the will that the son will have a key to the house and I will be responsible for keeping the house in good repair and pay all outgoings. I agreed these terms with my wife, we had no children and was a reflection of our financial arrangements during our marriage.
The son has his own house where he lived with his partner and daughter. He has recently split up from his partner and moved back into "my" house together with his chattels. I don't want him there and it will not work since his object is to get me out and gain total control. I think he has in mind another woman to share his life. I am in my late 70's not in the best of health feeling intimidated and very insecure.
Submitted: 9 months ago.
Category: Law
Expert:  F E Smith replied 9 months ago.

If you have been left the right to live in the house for life, even if the will doesn’t say that you have the right to stay in it alone, it is implied that you would not have to have the whole of the family and all their friends and children and the whole menagerie living with you. You are in exactly the same situation that a private tenant would be who is entitled to quiet enjoyment (peaceful occupation) from their landlord. In this situation, the landlord is the son.

I suggest that you get a solicitor to write to the son telling him that whilst he may have the write to visit the house from time to time, he is not entitled to live in it and hence he needs to make other arrangements. If he then won’t make other arrangements, then you need a court order to get him out.

Can I clarify anything for you?

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The thread remains open for further exchanges.

Best wishes.

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Customer: replied 9 months ago.
I signed up to the membership scheme in error and I have cancelled my credit card payment of £56. This is the 4th time I have sent this message but I am not sure you are receiving it.
Expert:  F E Smith replied 9 months ago.

I just called as requested but the telephone number you have given appears to be incorrect because the person who answered the phone didn’t know anything about this.

If you could please let me have your contact details again, I can call you back either in the next 10 minutes or so or any time tomorrow if you let me know when it is convenient. Best wishes.