Am I liable for looking after the state of the property?

[CharlieRob]

Hello,
A my sisters property has been bequeathed to someone else but in the same clause it states I can remain in possession of the property as my private residence for the rest of my life and this is rent free. The property cannot be sold until I die. The person the property was bequeathed to says that I am responsible for upkeep, repair and maintenance of the property while I am living there. Is this correct? Nowhere in the will does it say it is my responsibility. Obviously as I am living there I will pay bills such as gas and water but is it my burden to pay for repairs and maintenance?

Amy assistance welcome!

[Sam101]

Yes, the Will gives you a 'lifetime interest' and as such, you are responsible for maintaining the property during your occupation. If you do not, then when you die, your estate would be responsible for rectifying the property if it has been left in poor condition. This is usual and anyone would expect the home to be properly maintained.

[CharlieRob]

Thank you.
Somebody mentioned to me that the onus would be on the bequeathed owner not me. So, if I remain in the property I have to pay for repairs? What if something major needed repairing, which ended up being very costly and I could not afford to repair it? Could they then force me out of the property, even though my sisters will states they can only inherit the property if I am allowed to live there?
Thank you for your assistance!

[des8]

Agree with Sam101 if you benefit from a life interest trust by living in the property you also have the burden of keeping it in good order and repair.
This is what most google searches indicate

HOWEVER, i found this comment on https://www.barrettandco.co.uk/2019/...ties-in-wills/
"It is important to consider how the trustees of the life interest trust will pay for repairs, maintenance and insurance of the property whilst the life interest is in existence, as the life tenant will only be responsible for the usual outgoings (utility bills, council tax etc)."

And this at https://sasdaniels.co.uk/blog/proper...ponsible-keep/
"The trustee would be responsible for maintaining the property in the Trust. This will involve maintaining the structure and exterior and the fixtures and fittings including pipes, wiring and appliances".

Perhaps sight of the exact wording of the will might help decide

[CharlieRob]

des8 Thanks Sam101 Thanks

Nowhere in the Will does it state a ‘trust’ or the setting up of one...

“Clause 1, I appoint my niece RR and Brother CR as joint executors and trustees of my estate.
Clause 2, I give, devise and bequeath my real estate property known as ******* and all its curtilage and contents to my niece RR, provided that she allows my Brother CR to remain in possession of the said property as his private residence, rent free for the rest of the life of the said CR. The property is not to be sold, mortgaged or used as security in order to secure loans or advantage until the demise of CR or his agreement to such a process.”

There is nothing further in the Will related to the property. It then just goes on to how cash assests are to be split between the two of us and two further beneficiaries.

If if I am liable to pay for repairs and maintenance then so be it but I don’t want to agree to this if it is not the case and I am not liable.

Any assistance given is muchly appreciated.

[des8]

You and RR are the trustees (says so in clause1)

Taking the views as set out in the links above into account, it would appear that both of you are responsible for the upkeep of the fabric of the building (including insurance) whilst you alone are responsible for utility bills and general day to day running and maintenance.

Good luck with your upcoming discussions!

[CharlieRob]

des8 Thank you!
I will come back with update and conclusion.

[Ukmicky]

You get to live in a property rent free for the rest of your life and feel hard done by if you have to maintain the property whilst you reside in it. Wow

[CharlieRob]

Ukmicky no, I don’t feel hard done by. I am very aware I won’t be paying rent. I have no issue paying the utilities and council tax. My question is who is liable for major repairs and maintenance? This could be costly and eat into whatever money I have for a property that is not mine at the end of the day.

[CharlieRob]

des8 Could this be a ‘right to occupy’ rather than a ‘life time trust’? Any thoughts grateful.

[des8]

Bear in mind I am not legally trained.

It seems to me you are the beneficiary of a will trust which gives you POSSESSION of the property until you either die or agree to its disposal.
You don't necessarily have to live in it yourself and you could possibly rent it out.
That means you are entitled to its profits and thus liable for its maintenance

On the other hand it could be that the intention was for you to OCCUPY the property during your lifetime or you agree to its disposal in which case the trustees would be liable for its maintenance

If you can't come to an amicable agreement with the other trustee, you might wish to obtain a professional opinion on your liabilities

[CharlieRob]

des8 Thank you for your help and your interpretation. As previously mentioned, I will come back with the conclusion for your future reference.

[Sam101]

DES8 ............... not sure that would work with the wording in the Will as ..allows my Brother CR to remain in possession of the said property as his PRIVATE RESIDENCE, rent free for the rest of the life of the said CR.

It seems he would have to occupy and could not rent it out?

[efpom]

I think that both legal and beneficial ownership transferred via the will to the niece RR and that the brother CR has a licence to occupy the property. As CR is a licencee he has no insurable interest in the property but CR does. As the terms of the licence do not state that CR has any repair and maintenance obligations for the property, it seems to me that the costs of that is for the owner's account. I also think that in the event that the owner does not keep the property in a state that is fit for the licencee to occupy, the licencee has a right of action against the owner.

[des8]

DES8 ............... not sure that would work with the wording in the Will as ..allows my Brother CR to remain in possession of the said property as his private residence, rent free for the rest of the life of the said CR.

It seems he would have to occupy and could not rent it out?

I'm not sure either , hence I gave an alternative construction.
One can have possession of a private residence and still rent it out, so if (God forbid) it came to court action I could see lawyers having a whale of an expensive time working out the intention and meaning of that clause