Provided there are no obstacles to doing so i.e. existing, unterminated marriages.second the suggestion that you should get married.
You can make a formal, written agreement for mutal wills under which A undertakes to make a will leaving the house to B, if B survives A, in return for B undertaking to make a will leaving the house, if B does inherit it, to A's nieces and nephews, and not to change that will.Make a will. Leave your home to your partner. End of story. That is the best way for them to have a long term right of residence.
If you have other assets, leave them to your nieces and nephews.
Tell your partner that you are doing this and would appreciate if they made a will leaving the house to your nieces and nephews. You can't enforce this and your partner might change their mind after you die.
It can get messy. An elderly cousin left her house (inherited from her parents decades ago) to her siblings jointly. And the last one to live gets it free and clear (language used in the will). She expressed a desire for one of them to live in it and the next generation to inherit it eventually.
This is unbelievably convoluted and highly likely to be unenforceable.You can make a formal, written agreement for mutal wills under which A undertakes to make a will leaving the house to B, if B survives A, in return for B undertaking to make a will leaving the house, if B does inherit it, to A's nieces and nephews, and not to change that will.
A needs to tell their neices and nephews that this agreement has been made, and needs to give them a copy of it.
Then, if B does inherit the house, and later makes a will leaving the house to someone else, when B dies A's neices and nephews can invervene in the probate process, launching court proceedings arguing that it would be inequitable to let B's family benefit from B's violation of the agreement, and seeking to have the court declare that B's executor holds the house on trust for A's neices and nephews.
In practice, actually enforcing the agreement by proceedings as outlined would be an absolute train wreck, but it could be done if really necessary.
The real merit of such an agreement, though, is that documents a clear, shared understanding of what is to happen to the house, and it impresses on both A and B the serious nature of what they have agreed. If B has signed an agreement like this, they are much less likely to make an inconsistent will leaving the property to someone else.
(There's still the risk, of course, that while B owns the house they might mortgage it or sell it, in which case on B's death A's nephews and neices would have to chase the proceeds of the house rather than the house itself. And there might be no proceeds left if, e.g., the house was sold to pay for B's care in a residential home.)
You can leave them a right of residence. I'd put in a clause that it's exclusive and that your partner maintains it and pays property taxes, so nieces/nephews cannot dictate what your partner does to it in his/her lifetime and they also have no responsiblites as regards it. It should also specify that if your partner no longer resides there (care home/moves to Australia) that then the right of residence ceases.Hello,
I am 25 yrs into 30 yr mortgage. I met my partner 9 yrs ago, we are living together almost 3 years.
Home current market value 380000. I am 48 and partner 51.
I would like partner to have lifetime residence before the house is inherited to my 5 niece/nephew aged 7 to 27.
My partner may possibly inherit family home but it would be a money pit only 3 rooms are being used .... and the field in front which has the same access gate to the home is being left to other sibling
I'd like my partner to have a comfortable home. God forbid
What are implications of this for partner
It really is enforceable in Ireland.That's not really enforceable in Ireland.
You have Freedom of Testimony Disposal in Ireland, which entitles you to will stuff to whomever you want (other than the inherent entitlements of spouses, joint owners, children, etc).
Any document promising to will X to Y is automatically overriidden by an actual will
If you set it up properly it is legally enforceable (though enforcing it is expensive; it requires a High Court action).This is unbelievably convoluted and highly likely to be unenforceable.
Maybe in the case of two willing and cooperative parties but in this case there seem to be other parties involved (not necessarily legally/contractually) which seems to complicate matters? My gut feeling is to agree with @Bronte. Just getting married (if possible) seems a lot simpler?The main benefit of contracts generally is not that they get enforced through court action; it's that they are observed.
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?