someone i know has a father who will states that his current wife, can stay on in his home (only his name on the deeds), once he dies, but has conditions attached. The will was drawn up after they married

she must keep up with household bills
Keep the property in a good state of repair
Not move anyone in to the property (daughters/new partners etc) or if she married again

if she doesn't keep the the terms, she must then vacate

I believe then the house could be sold, split between the 3 sisters (his daughters)

the above was drawn up by a solicitor

there has been an amendment letter that says the above with can have a quarter share, signed by him, but not in front of the solicitor

is that enforceable? and how would they know? Former Mod/Member, with the most post & Chicken George Arch nemesis

That sounds very messy and painful. I'm no lawyer, but I would be surprised if that was enforceable. I would have thought that if he passes the house to her, it becomes her property and can do what she wishes with it. Could be wrong though.

An updated will not witnessed would in my opinion be unenforceable. FL2 TD4 GS 60 reg Facelift - so many issues
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I think it's as messy as messy can get and have said she wants to get it looked at now with a family solicitor and have it changed or amended whilst he is still got his facultys into simething less messy

Problem is he won't have a bad word said about his wife even though in my opinion it sounds like she treats him as a cash cow Former Mod/Member, with the most post & Chicken George Arch nemesis

Same thing happened with my great aunt. Her son and his nut job wife coaxed her into changing her will while very unwell in hospital. It was changed to leave everything to them.

At the end of the day, in her unwell state, she thought she was doing the best for her son. Right or wrong. She thought that and if that gave her peace that is all that matters.

If the husband in your situation wants to leave everything to her and is happy about that, it is his to do with what he wants.

But as I say, Id be surprised if the will held up if it wasn't "official". FL2 TD4 GS 60 reg Facelift - so many issues
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Now greatly regret selling the Outlander. MPG of the FL2 is atrocious and so are the fuel bills. Fun though 😎
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I think it's more that he doesn't want to leave it to the latest wife and leave it to his kids

You would have thought if the 'wife' living there the solicitor making the will would have pointed out the pointless clauses if her living there nulled the wills wishes

Glad it's not my family it sounds expensive either way, as I can't see it heading anywhere but the courts for a ruling Former Mod/Member, with the most post & Chicken George Arch nemesis

I'll give this a more thorough look later once I have tried to find some notes to refresh my memory. With only his name on the deeds, they are tenants in common as opposed to joint tenants which means the house or his share at least doesn't pass automatically and is indeed subject of the will. My memory is hazy but I'll look it up.

Those conditions seem rather harsh but I'll report back later. LL.B (Hons) - University of Derby
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I don't know the in's and outs of why the conditions are there, maybe he just wanted companionship Former Mod/Member, with the most post & Chicken George Arch nemesis

The will effectively creates a trust. The trust is generally known as an interest in possession trust, IIP
It means that the person named can remain in the property usually for their lifetime as long as they maintain the clauses as stated in the deed. The further letter you mention is probably a letter of wishes which is a guide to the trustees of the will/trust. This part is not legally enforceable but the trustees should attempt to follow it as best they can. If it had been countersigned by witnesses it would be a codicil to the will and would form part of the wills conditions.
The property is not the persons who will remain living in it, they simply have the right to reside their until the period that the will states, usually their lifetime. It does not form part of their estate or assets
It is held on trust until their death when it will pass to the remaindermen, ie the end beneficiaries who will receive it outright and can do what they want with their share of the asset at this time

very typical set up for couples both married and unmarried

Hope that helps
lee
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Last edited by leesbay on 27th Mar 2015 11:02 pm. Edited 1 time in total

Thanks for the intervention leesbay because I couldn't for the life of me find the right book and old notes that covered that

It was like a load of dusty old scrolls I did find the relevant book and notes which speaks of the validity of a will, including the need for witnesses and what needs to be done to revoke or alter a will etc but nothing about specific conditions and trusts.

My Equity and Trusts stuff will be somewhere! LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

always happy to assist - FL2 3.2 i6 - There is no Replacement for Displacement

If my wife ever sells my stuff for what I told her I paid for it, there will be some bargains out there!

Thanks for that reply

I will pass on that info on Monday when I see them Former Mod/Member, with the most post & Chicken George Arch nemesis