H & W owned property as tenants in common and W has now died. Will leaves H right of occupancy in W’s half subject to conditions and then on to W’s minor child, C.
C lives with H and all are happy but H will breach cohabitation clause so stands the risk of a breach of trust. W died 6 months ago.
If in agreement is it possible for the trustees to amend trust to remove cohabitation clause and if so, because C is a minor would they need to apply to court?
Paul Mounce
Gosschalks