my father has made a will and in it it is written that when he dies his partner can stay in the house untill she dies,we agreed to this a few years ago as she had given up her home to live with him,my dad has cancer and she is caring for him but me and my sister can see a nightmare after my dad dies as he says we will have to ask her for rent.he is convinced that when he dies she wont stay in the house but what if she does,our opinion of her has changed in the last 2 years and not for the good and dad knows that.after my dad dies when ever that is can we ask her to leave,does she have any rights
System of Law: England-and-Wales
Thanks for your question. Please remember to click ACCEPT once you get my answer.Has your dad died?
no my dad is still alive
If he is concerned he could change the will to say she can stay for 1 or 2 years after death.But the problem if he does not change the will is this, in order to grant possession the Court has to consider whether it is reasonable to make an order.Here because there is a legacy in a will, she would have a right to remain.So your dad can change his will now to time limit how long she can stay.That way everyone is happy, including your dad. Please remember to click accept so that I am credited for my time. Thank you.
Called to the Bar in 2007
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