For many couples, the family home is their most valuable asset – often the result of years of hard work and dedication. Naturally, you want to make sure that your share of the property is protected and passed on according to your wishes, while still giving your surviving partner the security of a home for life.

A Right of Residence Trust Will is a popular way to achieve this balance. It safeguards your property, helps avoid future disputes, and gives you control over what happens to your home after you’re gone – all while ensuring your partner has a safe place to live.

Why consider a Right of Residence Trust Will?

Sadly, it’s not uncommon for families to face difficult situations after a bereavement. Sometimes, a surviving spouse or partner forms a new relationship, and their new partner gains rights to live in or even claim part of the property. Under the Trusts of Land and Appointment of Trustees Act 1996, someone who cohabits in a property for just two years can acquire certain legal rights – something many people aren’t aware of.

There’s also the concern that, in later life, a surviving partner may need to fund long-term care, potentially putting the home at risk. In some cases, vulnerable individuals have been taken advantage of, leading to claims or disputes over property ownership.

A Right of Residence Trust Will offers a way to avoid these risks. It allows you to:

  • Protect your share of the property for your chosen beneficiaries (for example, your children).

  • Prevent unwanted claims on your home from future partners or other third parties.

  • Give your surviving partner the right to live in the home for life or until they decide to move, ensuring they feel safe and secure.

How does it work?

For this type of Will to work effectively, the joint tenancy on your property needs to be severed, so the home is held as tenants-in-common. This is a simple legal step that allows you to pass your share into the trust upon your death.

The trust then gives your surviving partner the right to:

  • Live in the property for the rest of their life or until they choose to leave.

  • Downsize to another property if they wish, with the same trust protections applying to the new home.

When your surviving partner passes away, moves into long-term care, remarries, or cohabits with a new partner, the trust comes to an end and your share of the property is passed on to your chosen beneficiaries.

Benefits of a Right of Residence Trust Will

  • Security for your surviving partner, ensuring they have a home for life.

  • Protection for your loved ones, helping to safeguard their inheritance.

  • Clarity and certainty, reducing the risk of disputes or claims over the property.

  • Flexibility, allowing for future downsizing or changes in living arrangements.

To make an appointment with Blackhurst Budd Solicitors please call 01253 629300 or email info@blackhurstbudd.co.uk

Frequently Asked Questions

1. Do we need to change how we own our home?

Yes. To set up this type of Will, the property must be owned as tenants-in-common rather than joint tenants. This is a straightforward process involving a signed Deed and a simple update to the Land Registry.

2. Will my partner be forced to leave the house after my death?

No. The trust gives your surviving partner the legal right to live in the property for the rest of their life or until they choose to leave, providing long-term security.

3. Can the property be sold or downsized in the future?

Yes. The trust allows for flexibility, so if your surviving partner wishes to move to a smaller property, they can do so while keeping the same protections in place.

4. Does this type of Will avoid care home fees?

A Right of Residence Trust Will can help protect your share of the property, but it is not a guarantee that care fees won’t impact the estate. It can, however, reduce the risk of the entire property being used to fund care costs.

5. Who benefits from my share of the property once the trust ends?

You choose the beneficiaries in your Will – typically children or other family members – ensuring your share is passed on according to your wishes.

A Right of Residence Trust Will offers peace of mind that your home will be protected, your partner will be looked after, and your loved ones will inherit as you intended. It’s a practical and effective solution for many couples who want to secure their family’s future without making their Wills unnecessarily complex.

To make an appointment with Blackhurst Budd Solicitors please call 01253 629300 or email info@blackhurstbudd.co.uk