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Left a house with a catch

Re: Left a house with a catch

Postby Corky » Fri Jun 30, 2017 12:57 pm

So what law is stopping me from kicking the guy out? I have no intention of doing so but if a will is not a type of contract that must be abided by then what makes the testators wishes legally binding?
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Re: Left a house with a catch

Postby 3.14 » Fri Jun 30, 2017 1:11 pm

Corky wrote:So what law is stopping me from kicking the guy out? I have no intention of doing so but if a will is not a type of contract that must be abided by then what makes the testators wishes legally binding?
And that is my question. I was under the impression that the will is not legally binding. Whoever the owner is after the property passes to them decides what to do with it.
Hide in the noise. #hackerwisdom
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Re: Left a house with a catch

Postby atticus » Fri Jun 30, 2017 1:57 pm

That question is for others. I think the answer may be to do with the creation of a trust.
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Re: Left a house with a catch

Postby theycantdothat » Fri Jun 30, 2017 7:04 pm

Corky wrote:So what law is stopping me from kicking the guy out? I have no intention of doing so but if a will is not a type of contract that must be abided by then what makes the testators wishes legally binding?


The following assumes the bequest is in the terms I suggested above.

The law of contract does not come into it. The courts will always enforce a condition imposed upon a bequest unless the condition is impossible to comply with, contrary to public policy, repugnant to the nature of the gift or insufficiently certain. The legatee has the choice of accepting the gift with the condition or repudiating the gift.

There will be no tenancy because one of the essential elements of a tenancy is missing: certainty of duration.

There will also be no life interest in the property as such, only a personal right to occupy it. Whether a will grants a life interest or a personal right to occupy may be a question of construction of the wording not only of the bequest but of the will as whole.
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Re: Left a house with a catch

Postby theycantdothat » Fri Jun 30, 2017 7:05 pm

Russell wrote:A bit of a sidetrack but could you in theory decline a bequest?


Yes.
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Re: Left a house with a catch

Postby Corky » Fri Jun 30, 2017 7:53 pm

theycantdothat wrote:
Corky wrote:So what law is stopping me from kicking the guy out? I have no intention of doing so but if a will is not a type of contract that must be abided by then what makes the testators wishes legally binding?


The following assumes the bequest is in the terms I suggested above.

The law of contract does not come into it. The courts will always enforce a condition imposed upon a bequest unless the condition is impossible to comply with, contrary to public policy, repugnant to the nature of the gift or insufficiently certain. The legatee has the choice of accepting the gift with the condition or repudiating the gift.

There will be no tenancy because one of the essential elements of a tenancy is missing: certainty of duration.

There will also be no life interest in the property as such, only a personal right to occupy it. Whether a will grants a life interest or a personal right to occupy may be a question of construction of the wording not only of the bequest but of the will as whole.


Very interesting, thank you.
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