Wills - Right to live in house for lifetime?

My DF died 8 months before my mothers sister. Five years later mother married her sisters widowed husband .Just before the wedding DM signed her house over to me and my 2 DB . All she asked was we would allow her DH to live in the house for life and would I look after him in his old age if
She died before him .
We had no bother agreeing to this and he lived 11 more years after her . He died of cancer aged 90 and I nursed him at home as he wished , with the help of district nurses .
Sometimes things are more complicated than they need to be .

Hi, to answer the question of tax . Myparents had a trust , it was set up when dad died in 2012, mum had the option at that point what she put in the trust and chose just to add the house and not any of dad’s funds. My half brother and I were trustees , all of us 5 kids were equal beneficiaries, dad was common denominator but it had long been decided not to distinguish between us. Up to the point mum died in 2020 my job was to do the trust return to HMRC, once I’d pointed out to HMRC there was no income from the trust (as it was just the house) they didn’t require annual returns. (Phew!). If there’s any income ie interest then you might have to do returns. The benefits outlined to us in 2012 were should mum require care , if the liquid funds ran out the local authorities couldn’t force a sale as she only owned half a house. On mum’s death the trust half (dad’s share) was distributed immediately from sale of house. Her share went through probate so took a bit longer. My advice : Use a recommended local solicitor who handles these things regularly, and keeps up to date as the law changes. You don’t have to stay with the solicitor who set up the wills in the first place.

We are both on our second marriage. I own a third of the house, my husband two thirds.

extract from my will written in 2010, Scots Law. My husband's will mirrors this.

I bequeath my share of the house at ........... together with the furnishings and plenishings to my ............... but with a right of occupancy in favour of my said husband under declaration that
(1)the property may be sold and another property bought with the free proceeds provided that my said son’s interest is registered on the title deeds equitably (2) any free proceeds not required for the new property be divided in accordance with shares of .................... (3) the right of occupation in favour of my said husband shall be for him alone (4) the costs of repairing and insuring the house shall be borne by my husband (5) the right of occupation in favour of my said husband shall end if he ceases to occupy the house for a continuous period of three months (unless he is on holiday) , or if he renounces the right of occupancy in writing. In the event of my said husband claiming legal rights on my estate, his right of occupancy will cease.

My extra bit of advise is to make a provision the the survivor can stay in the house as long as they are physically and mentally able.

My mother owned her house outright, but was happily married a second time for 16 years before she died. She provided that he was allowed to stay in the house as long as he was able. It did turn out that his dementia was worse than we suspected, and he was likely to damage the house because of it (melted 3 kettles in a matter of weeks, for example) and harm himself as well.

His family was rather distant (in all ways) and we had a time convincing them that he needed to be in a care home. My youngest sister had POA over a joint account that my mum had with her DH, so she helped him get settled in a nearby care home. She visited and looked after his financials for the next 5 years until he passed away; his sons very rarely visited him.

With regards to the leavinf a tenancy for their lifetime, all i can say is get a decent solicitor who will word it properly, and with clear cut instructions. My ex didnt, obviously done on the cheap,,, no surprise there!! But now his second wife has moved out leaving her grown up daughter there, and my children cant do anything about it. Very frustrating for them. They will never see a penny of their inheritance.

The tenancy should end when the ex dies. I have said so many times that as with everything else, when you take legal advice you get what you pay for.