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The mother of a family friend wants to add a codicil to her will stating that one of her beneficiaries can inherit a property under the condition that a specific individual never live on that property after her passing. Previously she was scheduled to inherit the property with no qualifiers. I do not know what the consequence would be if that condition isn’t met or even if one is to be put in place. Is this legal? Thank you in advance.
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your mother's friend would do well to take professional advice, so as to avoid leaving an unholy mess behind her.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf -
Such a codicil is not unusual and is meant to prevent the beneficiary residing in a property which would otherwise be disposed of and the proceeds distributed to other beneficiaries.
All sorts of problems can arise when a beneficiary tries to prevent the sale of a property for their own benefit and if it is the intention that the property in question needs to be sold so that other beneficiaries may enjoy their inheritance, then including such a clause is ideal.Comment
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Thank you, I do know the intention is not to prevent a sale but simply to ensure the other individual doesn’t live there.Comment
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Either way it is the intent of the person passing on their assets to be done as they wish.Comment
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