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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33316
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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In a will my Mum inherited the right to live in a house until

Customer Question

In a will my Mum inherited the right to live in a house until she dies, upon her death it passes to the PDSA charity. My Dad, Sister and brother all signed a legal document saying they claimed no ownership over the house. I did not sign this document. My questions are:

1) My parents have paid for the upkeep on the house for over 15 years, this includes insurance and general maintenance. Is there any way they can claim the house?

2) Should the worst happen and my Mum passes away, is there any way I could claim the house?

The house was registered on the land registry by the PDSA around 5 years ago.

Many thanks.
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information fist
Who left the house to your mother?
Why do you believe that you should have a claim on it?
Claire
Customer: replied 3 years ago.

A friend left the house to my Mum when he died. I have lived in the house for the last 15 years with my parents, hence I would like to claim it.


 


Thanks.

Expert:  Clare replied 3 years ago.
Hi
I am sorry but sadly that is not possible.
The house belongs to the PDSA subject to their allowing your mother to stay there provided she Insures and Maintains it.
Neither she nor any of the rest of the family will ever be able to make a claim for ownership I am afraid
Sadly the document that your father and siblings have signed has no relevance to the issue of ownership as such
Your parents should however check with the wording of the Will to ensure that they are only doing the maintenance for which your mother is actually responsible and nothing more
I appreciate that this is disappointing news but please ask if you need further details
Claire
Customer: replied 3 years ago.

Thanks for the answer, this is disappointing. I assume there is no way that my Dad or I can continue living here if my Mum passes. Is that correct? I'm not really bothered about owning the house, we just don't want to be lose our home and Mum isn't very well at the moment.


 


Thanks.

Expert:  Clare replied 3 years ago.
Hi
Have you ever seen a copy of the Will itself?
Claire
Customer: replied 3 years ago.

No I haven't. My Dad saw it and he says all he remembers is that it said she had the right to live here until her death as long as she paid for the upkeep and maintenance of the property. Sorry, I know that's probably not very helpful.


 


Chrissy

Customer: replied 3 years ago.

Are there any circumstances where we could remain living in the property if Mum passes? I'm not so concerned about myself, it's more my Dad. I don't want him to lose his home if the worst happens.


 


Thanks for your help so far.

Expert:  Clare replied 3 years ago.
Hi
Sadly if that is what the Will says then there is no way around it.
It should however be possible to negotiate with the PDSA for a period of grace to allow your father to remain in the property for a further period.
Remember they do not need any bad publicity!
Claire

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