Q&As

A testatrix wishes to leave her house on life interest trust for her partner and also wishes to grant a right of occupation in the same property to their daughter. Is it possible to create a concurrent life interest and a right to occupy in the same property?

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Published on LexisPSL on 15/10/2018

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • A testatrix wishes to leave her house on life interest trust for her partner and also wishes to grant a right of occupation in the same property to their daughter. Is it possible to create a concurrent life interest and a right to occupy in the same property?

It is assumed that the testatrix wishes to give concurrent rights namely:

  1. a life interest in property A to B, and

  2. a right to occupy in property A to C

at their death.

At its simplest, a life interest entitles the life tenant an interest in property solely for their life. In other words, it ends on their death. The grant of a life interest in a property is often limited so that it is determinable on a specified event, such as co-habitation. Additionally, it is not uncommon for the right to come with conditions as to insurance and maintenance of the property. The trustees

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