Home Ownership

[potty64]

My sister has lived for over two years with myself & my husband and she pays a minimal rent. Would the house/or sell the house become hers if my husband & I die before her? (As a friend has 'hinted' at)

[Canary42]

It depends on your and your husband's Wills.

[hc4361]

No. Your house will be bequeathed in accordance with your Will, or if you don't have a Will, by the rules of intestacy which are very strict. If you outlive your husband and you have no children or parents, then she could inherit under those rules if you have no other brothers and sisters.

https://www.gov.uk/inherits-someone-dies-without-will

[woofgang]

In England it will depend on your wills or if there is no will, then intestacy law must be followed. Before anybody gets a penny though, the first claim on any estate are unpaid taxes and money owing to things like loans and credit cards, also funeral costs.
https://www.gov.uk/inherits-someone-dies-without-will/y

[woofgang]

hello hc :)

[hc4361]

Hello, woofgang

[potty64]

Thank you for all your replies. We assumed the house would automatically be inherited by our two adult children . I shall check the will made out some years ago to ensure our chidren do get the house.

[hc4361]

Your sister would be excluded under the intestacy rules (this is assuming your children haven't died before your sister).

[Buenchico]

What your friend has 'hinted at' might actually have at least some substance to it.

Since your sister isn't paying a commercial rent, a court might regard her as being (in part) 'maintained' by you. The Inheritance (Provision for Family and Dependants) Act 1975 gives "any person . . . who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased" the right to apply to a court "for an order . . . on the ground that the disposition of the deceased’s estate effected by his will . . . is not such as to make reasonable financial provision for the applicant".

So, if your sister thought that your will ought to have made provision for her (or greater provision than was actually made), she could ask a court to vary the terms of your will so that she received 'reasonable financial provision'. The court wouldn't automatically make such an order but it would consider the matters referred to in Section 3 of the Act and make a ruling based upon them.

http://www.legislation.gov.uk/ukpga/1975/63

[Peter Pedant]

as BC as a retired will-writer never tires of saying:

it is time for you to write wills innit ?
( and not necessarily mirror wills )

have wills written I mean

[ I think there is a recent high court case about this
but the lawyers are still arguing about its significance
One side says 'very significant'
and the other side says 'not very'
and they both all scream in unison - let's have another court case ! )

[Peter Pedant]

The news item I had in mind is here

http://www.bbc.co.uk/news/uk-england-beds-bucks-herts-33684937

[Peter Pedant]

and the case for your legal delectation is here
good reading !

http://www.familylaw.co.uk/news_and_comment/ilott-v-mitson-2015-ewca-civ-797#.VhvSyflViko