RNRB - Will allowing friend to live in property for 2 months...


#1

I am drafting a Will for a lady who wants to leave her property to her Trustees to hold as part of her residuary estate (which goes to her children) but she wants to express the hope and wish (without imposing any form of binding trust or obligation) that her trustees permit a friend to live in the property for a period not exceeding two months from the date of her death. If such a clause is included in her Will, it won’t mess up her ability to claim the RNRB if the friend decides to stay in there for the 2 months, will it?

Thanks,

Natalie Tonkin
Bailhache Solicitors


(Gemma Van Duke) #2

I would not have thought so as she only has a very short right to live there - which is only an expression of wish. The Executors are not legally bound to honour this and the friend has no beneficial right to a share in the property. The children are the beneficiaries of the property and therefore, RNRB can be claimed.

Gemma Van Duke
Bishopsgate Law