VIC Property Law Rights to Reside in House When Father Dies

[Markus Barnett]

Hi. My partner and myself are in her father's place looking after him at present. We are his careers if you will. it is a job we have been doing for the past 2 years 8 months. I just wanted to find out what our legal rights are for when my partner's father passes away. As the house is supposed to be sold to be split up between his 3 kids. His wife did pass away about 4 years ago.

How long can we both stay in this house before having to leave?

 

[Ivy]

Hi Markus,

There is no hard and fast rule about this. Has your father discussed this with you? Has he promised you that you can stay in the house for a certain amount of time?

If you want to be able to stay in the house for a certain period of time after your father passes away, you should consider asking him to include it in his will.

 

[Markus Barnett]

Sorry for the delay. thank you for your answer. i was told about 4 years ago that if you stayed in the house looking after a sick aged parent. after 2 years if they pass away you have the last say in how long you remain in the house until you decide to move. but obviously things have changed since then.

There is no point in my partner & myself trying to get her father to allow that to happen in the will, as we are not his power of attorney. so no chance of that happening. so we have decided to take things as it comes. negotiate an out when the time arrives.

Thank you for assistance.

Cheers.

 

[Ivy]

Hi Markus,

Is your FIL unable to make decisions regarding the will for himself? Who is his power of attorney?
Has your FIL previously told you that you could stay in the house after he passes?

I am not sure about the exact eviction procedures in Victoria after the death of the owner of the house where there are others living there. There could be an extension to the normal notice requirements however I don't believe you would be able to stay in the property indefinitely without being bequeathed an interest in the property.

The most important question is: how long do you and your partner want to stay there? If the two of you would like to stay there "for life" or to receive a greater share of the property than 1/3, then it is worth speaking with the power of attorney and/or lodging a caveat if you think you have been offered something that hasn't been included in the will.

 

[Arche]

Hi Markus
Just to be clear on one thing. The person with power of attorney does not have the authority to change a person's Will. Also, any power of attorney ceases on the death of the person who the attorney is appointed for i.e. your partner's father.
When the time comes it will be up to the executors to decide how to deal with the house according to the terms of the Will. Sometimes there might be room for negotiation over timing if all the beneficiaries agree. Generally you could expect that all the beneficiaries are entitled to the benefits of their inheritance.