Remainderman/woman/person

[New2Quizzes]

If a "Remainderman" is due to inherit on the death of, say, her/his father, does the mother have any rights over the property, as next of kin, up until the time of her death?

Thanks, in anticipation.

[woofgang]

not as NOK but possibly as a dependant of the testator. This is not automatic.

[woofgang]

Please note my response is only valid for UK law.

[ummmm]

Next of kin means nothing.

[dzug2]

Isn't this a question of matrimonial law rather than inheritance?

[woofgang]

I assumed that the testator would be dead at the time the issue arose. Until the testator dies there is no such person as "remainderman"

[Barmaid]

I can envisage a number of circumstances. Can you give a few more details, please and I'll attempt to provide an answer.

[New2Quizzes]

Attn. Barmaid.

If the son is the remainderman and is due to become the owner of the house on the death of his father, does the (surviving) mother have the right to remain in the house? Hope this helps to clarify the issue a little.

[Barmaid]

I am assuming from what you say (correct me if wrong) that this is under the Will or trust of another relative (for example a grandparent). Under the terms of this Will, dad has the right to live in the property for his lifetime and on his death the son inherits. If mum survives but is not mentioned in the Will of the relative, she has no rights - unless of course son agrees to vary the terms of the trust to allow her to reside for the rest of her life.

[woofgang]

barmaid if she is a dependant and would be made homeless, has she no protection?

[factor-fiction]

This is interesting . I have never heard the term 'remainderman' before. .Having looked it up it seems to be a legal term but I'm interested to know where New2Quizzes got the term from?

[Barmaid]

Unfortunately not, Woofgang.

Let's consider the following scenario:-

Albert dies, leaving his property to Bill for his lifetime and on Bill's death to Christal. Bill is married to Denise. Denise is not mentioned in Albert's Will. Thus when Bill dies, Christal inherits the house and can realistically ask Denise to leave. Denise COULD have claimed from Albert's estate within 6 months of the Grant of Probate IF she fitted one of the classes of Claimants under the Inheritance (Provision for Family and Dependants) Act 1975. Harsh as it sounds, unless a claim was made, Denise has no rights.

Remaindermen are beneficiaries who take the "remainder" of an estate after some form of life interest - often confused with a reversionary interest which is a different thing altogether.

[woofgang]

I knew she would have to claim but didnt realise the timescale was so short.

[New2Quizzes]

Attn. factor30

I, too, had been unaware of the term until it became an issue in our extended family.

Thanks to all who have shown an interest so far. Feel free to continue to add your thoughts.