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Right of Residence and Ward of Court

Auster23 · 2010-07-18 17:08:57

I'd really appreciate any help or advice anyone could offer on the following issue: My father died two years ago, leaving his house to my sister and I in his will.All very straightforward. We are now selling the house and when looking at the deeds our solicitor discovered that there is someone with a right of residence in…

18-07-2010 5:08pm

#1

Auster23

Registered Users, Registered Users 2 Posts: 15 ✭

Join Date: April 2010

Posts: 11

I'd really appreciate any help or advice anyone could offer on the following issue:

My father died two years ago, leaving his house to my sister and I in his will.All very straightforward. We are now selling the house and when looking at the deeds our solicitor discovered that there is someone with a right of residence in the property.It's the daughter of a man from two sales previous to when my dad bought the house (18 years back).This man had two daughter's, and left the house to one of them in his will, with a right of residence for the other.The lady with right of residence is severely mentally disabled and in full time care.She is incapable of signing anything to discharge her right of residence.

The buyer we have lined up is pulling out and our solicitor has advised that the only way to get this lady's right of residency removed is to have her declared a ward of court.Which I understand is a very costly and lengthy legal process, involving the high court.

Does anyone know of any other way around this? The buyer considered taking out an insurance bond against the title of the house but decided against it as she would still be faced with the same issues we are, if she goes to sell in the future.

Any advice greatly appreciated

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