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If my bro and his wife rent a granny flat attached to my parents house, do they have any claim to it if they die?

peterpan01
by peterpan01 14 February 2013  |  Comments 6 comments  |  Love Love  0 loves

My bro and his wife have moved into my parents house and made significant modification internally and superficial changes to the outside garden area... they rent the granny flat which is half the house essentially. If my parents die, could they claim that half or any of the property as theirs?

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Comments (6)

  • MikeGG1
    Love rating 909
    MikeGG1 posted

    If they are renting then do they have a lease? Are they paying rent?

    If so, then they do not have any rights of ownership. The ownership would pass in accordance with your parents wills.

    There could have been some arrangement if the cost of the modifications was significant. That could have been a portion of the house or payment of less than the market rent.

    Mike

    Posted on 15 February 2013 | Love Love  1 love Report
  • peterpan01
    Love rating 0
    peterpan01 posted

    no lease that i know...

    so will they not have a claim to a greater portion of the value of the house even if they have been living there for a number of years?

    thanks

    Posted on 15 February 2013 | Love Love  0 loves Report
  • MikeGG1
    Love rating 909
    MikeGG1 posted

    You didn't say whether there was any rent being paid.

    If there is, then the situation would be similar to where a lease has expired. They would have a right to 2 months notice but not much more.

    If not then there could be problems. I am not a lawyer so it would be better to ask one.

    Then there is the possibility that the will might give them priority.

    Mike

    Posted on 17 February 2013 | Love Love  0 loves Report
  • peterpan01
    Love rating 0
    peterpan01 posted

    sorry... yes rent is being paid.

    do you mean 2 months notice to end of lease contract? or something else?

    I am not privy to the details of the lease but they might be given priority like you said.

    Unless they are given priority by default because of their being resident in it for some years now, i do not think they will have priority by will.

    thanks again

    Posted on 18 February 2013 | Love Love  0 loves Report
  • MikeGG1
    Love rating 909
    MikeGG1 posted

    You should be OK then.

    Mike

    Posted on 18 February 2013 | Love Love  0 loves Report
  • time2go
    Love rating 68
    time2go posted

    Would also depend on whether the rent is market rent or not. If it is lower than market, it is less likely they could claim part of the home. Although, there are (Messy and unclear) legal principles of 'proprietary estoppel' and 'Constructive Trusts'

    If you /your parents are concerned you may wish to check with a solicitor who is familiar with Land Law (not just conveyancing)

    Posted on 20 February 2013 | Love Love  0 loves Report

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