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Rights of Occupation

A right of occupation is a right to occupy a property for a specified period. This right can be for anyone whether they currently live with you or not.

Imagine you have 3 children, 2 of them are in their 30's with their own homes and one is in their 20's still living at home. In these circumstances, it may be appropriate to incorporate a right of occupation for your youngest child to say that they can live in the property for a period of 12 months following your death in order to allow them to get themselves sorted. This right of occupation can be subject to certain conditions such as them having to pay all bills, outgoings and insurance.

Many people in second marriages or relationships often find a right of occupation a way of meeting their wishes. Imagine you have a property owned by husband and wife, husband dies leaving everything to wife. A wife can then do what she wants with the property, she can sell, spend all the money, get remarried, leave the property to someone else, the list goes on. This could mean that the husband's children never receive any inheritance. Instead, a right of occupation could be set up to state that the wife can live in the house for the rest of her life but when it is sold the husbands share of the property goes to his children.

Trusts can be very complex documents but can also be essential in order to ensure that the best possible solution is offered to all your concerns. It is essential to take professional advice before entering into a trust as there can be tax implications of placing assets within trusts.

For more information, why not click the links below or download one of our helpful guides

Alternatively, give us a call on 01302 341414 (Doncaster) and 0114 272 1884 (Sheffield) and our friendly team will be happy to have a chat with you.

What other types of trust are available?

There are numerous types of trust available, the most common types are:

Wills, Probate and Trust Team Lead by Partners, Stephen Coates and Lauren Smith our Wills, Probate and Trusts team will help you plan for the future and protect your assets Meet the team

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Wills, Probate and Trusts Team 

If you are looking for legal experts to help you with your Wills, Probate or Trusts needs, our team will give you a call back at the earliest opportunity. Alternatively, you can call our Doncaster office on 01302 341414 or our Sheffield office on 0114 272 1884
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