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Will and Father's Life Interest in Property

Discussion in 'Wills and Estate Planning Law Forum' started by Jessie_p1977, 31 March 2015.

  1. Jessie_p1977

    Jessie_p1977 Member

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    My dads been left life interest between him and his brother In a property (holiday house) and then the property has been left to me. Is there a way he can leave his life interest to me in his will, otherwise my uncle will have total use of the place til he dies as he is very difficult to get along with and would get much joy out of this?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Jessi,

    It depends how the life estate is drafted in the will. Is your father's interest in the property for the duration of his life or someone else's life? If its for the duration of his life, so his interest will automatically terminate upon his death so he cannot pass it to you through his will.

    Since you are the remainderman, you will have to wait until your uncle dies before you have rights to of possession in the property. Unless your uncle's life interest was drafted subject to some condition, and he breaches that condition - in this case it will also revert to you.

    I would check out the will if you can to see what it says.
     

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