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Right to Occupy Trust

A Right to Occupy Trust ensures that your home is left to your chosen beneficiaries, whilst also meaning someone, usually your spouse or partner can continue to live in the property for as long as you state.  This can be for a fixed period, can be conditional, or it can be for the rest of their life.   

Does your partner live with you in a house that you own? Do you want to allow your partner to continue to live in the house as their home if you pass away before them? Do you want to ensure that the property passes to your chosen beneficiaries after your partner passes away? If yes is the answer to these questions then a Right to Occupy Trust may be for you.    

Your home is left in trust to your final beneficiaries such as your children or grandchildren whilst also protecting someone such as your spouse or partner, allowing them to continue to live in the home for as long as you stipulate. 

If you are want to discuss a Right to Occupy Trust, please contact us for a free, confidential chat!

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How does a Right to Occupy Trust work?

In your Will you create a Right to Occupy for the person who you want to be able to continue to live in the property.  You stipulate when The Right to Occupy ends, so this could be after a fixed period, could be conditional on such factors as the tenant moving home, getting married or going into care, or you can give them the right to occupy for the rest of their life.  When the right to occupy ends the property passes to your chosen beneficiaries. 

How long does a Right to Occupy last?

You can stipulate how long you want the occupant to be able to live in the property.  You may decide that they can live in the property for the rest of their lives, or you may give them a certain amount of time to move on. You may stipulate that they can live there for life, but also make that conditional, for instance you may state that they would lose the right to occupy if they moved elsewhere, went into care or got married. 

What happens when the Right to occupy ends? 

At the end of the Trust period the property will pass to your chosen beneficiaries. 

If you are interested in protecting someone's right to live in as property you own after you pass call one of our friendly experts for free, confidential advice on a Right to Occupy Trust

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