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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My question has to do with last will and testament. Is there

Customer Question

My question has to do with last will and testament. Is there a creative way to leave living space to a grandson without him owning and being financially responsible for the property? I am thinking of a 30 year old man on disability pension who has been living with his grandmother for four years - without his help she could not live alone. He has taken a lot of responsibility for the house also. The grandmother also has five children, one of whom is the father of the 30 year old. Once she passes, I would be worried that the grandson would have to leave the community that he has made his home. But he also could not afford the upkeep and expenses on the house. How to keep the five children content while still providing a viable living option for the deserving grandson? (The grandmother has another house - the homestead - which she also owns outright and currently rents out.)
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

So is the idea that once your grandson does not need to live there anymore others would inherit the property but so long as he does need to live there he could live there while they would be the owners and have to pay the upkeep for the property?

Customer: replied 1 year ago.
Sort of. We would like for him to live there as long as he likes/needs, but in the meantime, not fair for the eventual inheritants to pay the upkeep. Can the estate pay the upkeep somehow? .... maybe while the grandson pays a small rent? It is a large house on a lake, so I think it could still be used as a visiting spot for other family members (eventual inheritants) in the meantime. I think this is calling for a very creative solution
Expert:  Debra replied 1 year ago.

This can be done by a lawyer who understands the issues. The will would give this grandson a life interest in the cottage which would mean that he can live there for as long as he wanted to. It will could also state that he has to pay a small rent and specify what that rent should be and what it should be increased by each year if at all.

In the well you could also set up a trust that will pay for the upkeep of the cottage over the years and then you would specify who gets the money that's remaining in the trust after the grandson is no longer living in the cottage.

In the will you can also state that others may use the cottage at the same time and you can set out what circumstances must be followed in cases like that.

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