My client/Testator (J) owns her own home (her husband died last year)… Over the last few months her health has deteriorated and her step son (M) and his wife (K) have moved in with her to look after her. This was not a decision taken lightly as they have had to give up their Council house to do this (otherwise she would have had to go into a Care Home which she really did not want to do).
Her estate will be non-taxable and her current will just leaves everything to her 3 step sons in equal shares…
Due to the change in circumstances she has approached my Firm about having a new Will done as she does not wish to see M and K having to leave what will be their home on her death for it to be sold and would like them to decide when they are ready to leave and the house to ultimately be sold and proceeds split as per the Will.
We discussed right of occupation and Life interest in the property and whether you could have 2 people as Life Tenants (being stepson and wife) at which point everything felt like it got over complicated and I advised I would have another think about it.
I feel like I am going round in circles at the moment?
Any suggestions on whether I should be going down the right of occupation route (so could perhaps put some sort of expiry period in) or life interest for the son - but then I know the testator would not want the wife to then be kicked out of the home if her husband has died?
Appreciate your thoughts?