F.a.o. Barmaid

[whiskeryron]

Hi Barmaid,

I hope that you are feeling much better now & that you managed to help Desktop get sorted.
I have another matter that I would like your opinion on if you can spare your very valuable time on.
I have a very dear friend whose partner died some years ago who willed his house to his two daughters but stipulated that my friend could live in the house rent free for the rest of her life providing that she did not cohabit or marry another person to live in the house with her. She has now met someone & fallen in love again who lives with her but vacates the house every weekend in order to meet with the said provisos. My question is can this still be legal in this day & age or is it interfering with the freedom of the individual ? I would appreciate your opinion on this matter.

WR.

[jno]

I don't know, FredPuli - it sounds to me as if WR's friend is acting in bad faith here (leaving the house at weekends only) and a court might be unimpressed with this. That's only if the daughters object, of course.

[jno]

just to clarify - I don't think taking a tenancy for most of the year is on a par with living in a house for most of the week. My own feeling is that if everyone's happy at the moment, don't call in the lawyers (unless you want to make them happy too).

[woofgang]

If the daughters are happy with the arrangement and they in effect own the house, if something must be done could they not do something like a variation to remove the non marriage and cohabiting condition while retaining ownership of the house?

[whiskeryron]

Thanks to you all who have answered so far, however I would still like an answer from Barmaid when she is able to reply.

WR.

[EDDIE51]

I think the issue here is that your friends partner did not want another person moving in and possibly outliving his surviving spouse. Once the new partner was established as a resident in the house , no matter what the will says, it would be hard to get him out again if he chose to be difficult. There would need to be an eviction notice and if the 'new partner' declared that he had no where else to live a court may not grant an eviction notice.
If the daughters allowed him to move in his case would be pretty solid to stay there until he died. I am not sure on this we do need Barmaid for the legal view.

[Barmaid]

I am stuck in leeds with no lappy. Cant type an answer on this stupid phone. Will respond in full tomorrow.

[sara3]

apologies Ron.. Barmaid is taking a break from AB for a while. hopefully she'll be back very soon.

[whiskeryron]

Thank you sara3.

WR.

[whiskeryron]

Hey BM, sorry to push you but your last communication of Tuesday May 14th suggested you would be in touch the next day Wednesday May 15th.
I do realize how very busy you are but would appreciate an answer from you at your convenience ( not talking about your bathroom of course).

WR.

[sara3]

Ron, Barmaid is taking a few days out.

[whiskeryron]

OK Sara. Ta muchly.

Ron.

[whiskeryron]

Hi sara. As you are aware, I am awaiting a reply from Barmaid re a question in law. As it has been a week since I first posted I am quite worried as I fear that Barmaid must be ill & I am hoping that you may be able to quell my fears & tell me that she is simply taking a well earned rest from Answerbank. Please if you are able, convey my best wishes to her & if an illness my thoughts & hopes for a speedy recovery.

WR.

[ummmm]

Ron - BM is fine. Working hard so taking some time out from AB.

[whiskeryron]

Cheers ummmm

Ron.