Make your wishes clear
A Right to Occupy is a clause in a Will that gives a beneficiary the right to occupy a property for a period of time and that ends in specified circumstances, for example:
- a period of years (such as two years, 5 years etc)
- at a certain age (such as at age 18, age 21 etc)
- on the occurrence of a certain event (on death, or marriage etc)
The beneficiary has an interest in possession limited to the property itself, and not the proceeds of sale.
So in what circumstances might you include a Right to Occupy clause in your Will?
1. Children living at home
You may have children, and wish to leave your home to all of them in equal shares. However, one of them may still live at home and in order to prevent them from being forced out of the home, you may wish to provide a Right to Occupy, for example:
- until they reach a certain age, for instance 18 or 21, or
- for two years so as to allow them time to make arrangements for alternative accommodation
2. Elderly relative lives in the property
If you have an elderly relative living with you, there may be a desire to provide a Right to Occupy, for example:
- until their death, or
- until they enter into long-term care
If you would like to protect a person’s Right to Occupy your property after you’ve gone we can incorporate the appropriate clauses in you Will to reflect your wishes. If you require further clarification on this right for someone you care about, just contact us – we’ll be happy to help!