Sale of inherited house - any tenancy rights?
Discussion
I know that the correct answer to this is “see a solicitor” but was just hoping I could get a steer from one of the legal bods on here as to whether this is an issue or not. It’s not me but it is people I know.
Situation: A family consists of two parents, both still alive, who have three middle-aged children. The parents’ wills are set up such that the estate is equally divided between the three children. However, one sibling has undisclosed/undocumented mental issues, and thus the will states that his third will be held in trust by the other two sibs and administered accordingly. That sibling does have a home of his own, but chose to move himself back in with the parents some 5 or 10 years ago, and with the exception of literally one or two nights per year, he lives with them, albeit that his stated address is his own place. He doesn’t pay or contribute anything to the parental home; quite the opposite, they don’t just house him but feed him and possibly even give him an allowance (he hasn’t worked for 30-odd years). He doesn’t do anything at all to help anyone, including his increasingly-frail father and his advanced-Alzheimer's mother. His input into the house just about runs to doing his own washing.
Someone has raised the question with them of whether he has any sitting tenant rights over the parental home, in that they may not be able to sell it when the time comes as he could claim some sort of right to live there. Is there any substance in that? I tried googling and came up with a question sent in to a newspaper help page where it was stated that one sibling wouldn’t agree to the sale of the parental home, and it went on to say that as joint owners of the property (post death of parents) then any or all of them could move in and live there as they saw fit. Close but not directly a fit.
The other two siblings’ intention would be to use his third of the estate to purchase a property for him (his own home is rented from a family friend) that he can live in in perpetuity. He’s more than compos mentis enough to be able to have that conversation, but equally capable of rejecting it. Personally, I’m unclear on how severe his mental state is and suspect that something very minor many well have become a way of life and of swinging the lead, i.e. he’s a lot sharper than everyone gives him credit for.
Advice on the position ref the parental home in the future would be appreciated; don’t want to get into a discussion about what the sibling is or isn’t in other non-relevant respects, ta.
Situation: A family consists of two parents, both still alive, who have three middle-aged children. The parents’ wills are set up such that the estate is equally divided between the three children. However, one sibling has undisclosed/undocumented mental issues, and thus the will states that his third will be held in trust by the other two sibs and administered accordingly. That sibling does have a home of his own, but chose to move himself back in with the parents some 5 or 10 years ago, and with the exception of literally one or two nights per year, he lives with them, albeit that his stated address is his own place. He doesn’t pay or contribute anything to the parental home; quite the opposite, they don’t just house him but feed him and possibly even give him an allowance (he hasn’t worked for 30-odd years). He doesn’t do anything at all to help anyone, including his increasingly-frail father and his advanced-Alzheimer's mother. His input into the house just about runs to doing his own washing.
Someone has raised the question with them of whether he has any sitting tenant rights over the parental home, in that they may not be able to sell it when the time comes as he could claim some sort of right to live there. Is there any substance in that? I tried googling and came up with a question sent in to a newspaper help page where it was stated that one sibling wouldn’t agree to the sale of the parental home, and it went on to say that as joint owners of the property (post death of parents) then any or all of them could move in and live there as they saw fit. Close but not directly a fit.
The other two siblings’ intention would be to use his third of the estate to purchase a property for him (his own home is rented from a family friend) that he can live in in perpetuity. He’s more than compos mentis enough to be able to have that conversation, but equally capable of rejecting it. Personally, I’m unclear on how severe his mental state is and suspect that something very minor many well have become a way of life and of swinging the lead, i.e. he’s a lot sharper than everyone gives him credit for.
Advice on the position ref the parental home in the future would be appreciated; don’t want to get into a discussion about what the sibling is or isn’t in other non-relevant respects, ta.
If, with no income, or a limited one, I'd be wondering who has paid the rent on the actual home he has claimed to have resided in for all this time !
There could be a massive housing benefit/council tax backdate and fraud claim landing, if your're not very careful !
Anyway, fascinating case, hope it works out for you
There could be a massive housing benefit/council tax backdate and fraud claim landing, if your're not very careful !
Anyway, fascinating case, hope it works out for you
austinsmirk said:
If, with no income, or a limited one, I'd be wondering who has paid the rent on the actual home he has claimed to have resided in for all this time !
There could be a massive housing benefit/council tax backdate and fraud claim landing, if your're not very careful !
Anyway, fascinating case, hope it works out for you
How on Earth do you arrive at that scenario?There could be a massive housing benefit/council tax backdate and fraud claim landing, if your're not very careful !
Anyway, fascinating case, hope it works out for you
Perhaps the thinking is as follows: Because the brother who is living primarily with the parents has no suggested means with which to pay for the rent, he must therefore be claiming housing benefits - and claiming fraudulently because the rental is not the primary place of residence.
CAPP0 said:
I know that the correct answer to this is “see a solicitor” but was just hoping I could get a steer from one of the legal bods on here as to whether this is an issue or not. It’s not me but it is people I know.
Situation: A family consists of two parents, both still alive, who have three middle-aged children. The parents’ wills are set up such that the estate is equally divided between the three children. However, one sibling has undisclosed/undocumented mental issues, and thus the will states that his third will be held in trust by the other two sibs and administered accordingly. That sibling does have a home of his own, but chose to move himself back in with the parents some 5 or 10 years ago, and with the exception of literally one or two nights per year, he lives with them, albeit that his stated address is his own place. He doesn’t pay or contribute anything to the parental home; quite the opposite, they don’t just house him but feed him and possibly even give him an allowance (he hasn’t worked for 30-odd years). He doesn’t do anything at all to help anyone, including his increasingly-frail father and his advanced-Alzheimer's mother. His input into the house just about runs to doing his own washing.
Someone has raised the question with them of whether he has any sitting tenant rights over the parental home, in that they may not be able to sell it when the time comes as he could claim some sort of right to live there. Is there any substance in that? I tried googling and came up with a question sent in to a newspaper help page where it was stated that one sibling wouldn’t agree to the sale of the parental home, and it went on to say that as joint owners of the property (post death of parents) then any or all of them could move in and live there as they saw fit. Close but not directly a fit.
The other two siblings’ intention would be to use his third of the estate to purchase a property for him (his own home is rented from a family friend) that he can live in in perpetuity. He’s more than compos mentis enough to be able to have that conversation, but equally capable of rejecting it. Personally, I’m unclear on how severe his mental state is and suspect that something very minor many well have become a way of life and of swinging the lead, i.e. he’s a lot sharper than everyone gives him credit for.
Advice on the position ref the parental home in the future would be appreciated; don’t want to get into a discussion about what the sibling is or isn’t in other non-relevant respects, ta.
You need to consult with your parents and a family trust expert.Situation: A family consists of two parents, both still alive, who have three middle-aged children. The parents’ wills are set up such that the estate is equally divided between the three children. However, one sibling has undisclosed/undocumented mental issues, and thus the will states that his third will be held in trust by the other two sibs and administered accordingly. That sibling does have a home of his own, but chose to move himself back in with the parents some 5 or 10 years ago, and with the exception of literally one or two nights per year, he lives with them, albeit that his stated address is his own place. He doesn’t pay or contribute anything to the parental home; quite the opposite, they don’t just house him but feed him and possibly even give him an allowance (he hasn’t worked for 30-odd years). He doesn’t do anything at all to help anyone, including his increasingly-frail father and his advanced-Alzheimer's mother. His input into the house just about runs to doing his own washing.
Someone has raised the question with them of whether he has any sitting tenant rights over the parental home, in that they may not be able to sell it when the time comes as he could claim some sort of right to live there. Is there any substance in that? I tried googling and came up with a question sent in to a newspaper help page where it was stated that one sibling wouldn’t agree to the sale of the parental home, and it went on to say that as joint owners of the property (post death of parents) then any or all of them could move in and live there as they saw fit. Close but not directly a fit.
The other two siblings’ intention would be to use his third of the estate to purchase a property for him (his own home is rented from a family friend) that he can live in in perpetuity. He’s more than compos mentis enough to be able to have that conversation, but equally capable of rejecting it. Personally, I’m unclear on how severe his mental state is and suspect that something very minor many well have become a way of life and of swinging the lead, i.e. he’s a lot sharper than everyone gives him credit for.
Advice on the position ref the parental home in the future would be appreciated; don’t want to get into a discussion about what the sibling is or isn’t in other non-relevant respects, ta.
James TiT said:
austinsmirk said:
If, with no income, or a limited one, I'd be wondering who has paid the rent on the actual home he has claimed to have resided in for all this time !
There could be a massive housing benefit/council tax backdate and fraud claim landing, if your're not very careful !
Anyway, fascinating case, hope it works out for you
How on Earth do you arrive at that scenario?There could be a massive housing benefit/council tax backdate and fraud claim landing, if your're not very careful !
Anyway, fascinating case, hope it works out for you
Seems simple, where is the rent on his home going ? Is/has it been declared if benefits are claimed etc.
Bloody hell, there are some fertile imaginations on here. Or is it the case that you're all "on benefits" and can't comprehend how anyone operates without being so?
Are you aware of the elusive commodity known as "money"? Some families are actually astute enough to possess some, and kind enough to assist other family members by using it.
I know that if one of my own sons (both in their 30s) was on his uppers and needed me to pay his rent, I could and I would.
Run along now.
Are you aware of the elusive commodity known as "money"? Some families are actually astute enough to possess some, and kind enough to assist other family members by using it.
I know that if one of my own sons (both in their 30s) was on his uppers and needed me to pay his rent, I could and I would.
Run along now.
CAPP0 said:
Bloody hell, there are some fertile imaginations on here. Or is it the case that you're all "on benefits" and can't comprehend how anyone operates without being so?
Are you aware of the elusive commodity known as "money"? Some families are actually astute enough to possess some, and kind enough to assist other family members by using it.
I know that if one of my own sons (both in their 30s) was on his uppers and needed me to pay his rent, I could and I would.
Run along now.
To be fair, your original post seemed to indicate a large degree of support from the parents, so it was a point to consider. I didn't read it as some form of attack.Are you aware of the elusive commodity known as "money"? Some families are actually astute enough to possess some, and kind enough to assist other family members by using it.
I know that if one of my own sons (both in their 30s) was on his uppers and needed me to pay his rent, I could and I would.
Run along now.
I think that proper, qualified advice is required as suggested.
AndStilliRise said:
CAPP0 said:
Perhaps I should also post his shoe size, his dietary preferences and what he watches on TV, in order to prevent further wild speculation.
Par for the course i am afraid for PH. You will find that 1/10 posts is actually of value. Wishing you luck.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff