Right to Occupy

This is most commonly found as a clause in a Will where a spouse gives the right to occupy to their partner to ensure that they have somewhere to live when they pass, if they have given their half of their dwelling to their children.

In its simplest form it is pure as it stops the children being able to evict the remaining partner and sell the dwelling for the money. Life is not simple, and conditions have been applied to cover many predictable circumstances that could occur in the future as none of us knows what may happen after we pass.

Remarriage, co habiting of the remaining partner, allowed or not?

Downsizing is allowed or not? What happens to the spare cash?

Should I set a time limit on the right of occupation, so my kids get some money while it is still useful to them?

All of these decisions are very personal and take much thought but if not considered can lead to much upset so give me a call and we can talk them through.