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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 6282
Experience:  English solicitor with over 12 years experience
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Assistant: How can I help? my uncle passed away in November

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Hello
Assistant: Hello. How can I help?
Customer: my uncle passed away in November 2017 and in his will left me my brother and cousins a flat.. but on the the there was a wish for the tenant to stay there till he leaves or passed away...
Assistant: Since estate law varies from place to place, can you tell me where this is?
Customer: brighton
Assistant: What documents or supporting evidence do you have?
Customer: he also has a friend living in the flat.. there is no contract or tenancy agreemebt
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: he has been there since 2001

Hello,

If the Will says the tenant can continue living in the flat until he passes away or leaves voluntarily, then you are bound by this I am afraid, it creates a life interest in favour of this tenant.

May I help further?

Customer: replied 5 months ago.
Even if it’s only a wish???
Customer: replied 5 months ago.
Even if it’s only a wish of the will???

Please upload the will here if possible?

Customer: replied 5 months ago.
Have you received it

Not yet. You will get an email when I have reviewed it and responded.

Customer: replied 5 months ago.
Ok

Thank you.

The relevant wording is very clear that it is a wish and not binding:

"It is my wish (but without imposing any binding trust or obligation on them) that the beneficiaries of my Residuary Estate shall keep the property known as 24 Rugby Place, Kemptown, Brighton, East Sussex and allow KEITH BIDDLECOMBE to continue renting the property from them for the rest of his life or until he no longer wishes to do so."

So, the beneficiaries are not bound by the wish and may go against it if they wish to.

I hope this clarifies. Please leave a positive rating if so.

UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 5 months ago.
Thank you