Rights of residence in a will explained
A right of residence lets a partner stay in the family home while the property eventually passes to your biological children. Here's how it works.
A right of residence is a clause in your will that gives a nominated person (typically a surviving spouse or partner) the legal right to live in a specified property for a set period – often until their death or re-partnering. The underlying ownership of the property passes to your ultimate beneficiaries.
How it works
The will gifts the property to your ultimate beneficiaries (often biological children) but with a right of residence in favour of your surviving spouse. The spouse can occupy the property for the defined period. On the spouse’s death, departure, or re-partnering, the right ends and the property passes free of the burden.
When it fits
Blended families where you want to provide for a current partner without disinheriting children from a previous relationship. Estates with a single major asset (the family home) but multiple competing claims. Situations where the partner shouldn’t have to downsize on bereavement but the children deserve the property eventually.
Outgoings
The will should specify who pays rates, insurance, and major repairs – typically the resident pays day-to-day costs while the estate or beneficiaries fund significant capital expenditure. Clear drafting prevents arguments later.
Portability
Modern rights of residence often include a portability clause – the partner can request the property be sold and the proceeds applied to a new (often smaller) home. This handles realistic downsizing scenarios.
End triggers
Death of the resident is the standard trigger. Re-partnering can also be specified. Voluntary moving out, prolonged absence, or non-payment of outgoings can all be drafted as triggers.
Summary
A right of residence lets a partner stay in the family home while the property eventually passes to your biological children. Here’s how it works.
Talk to Sam about your situation
If this article raised questions for your own circumstances, Sam Michele offers free 20-minute initial consultations. Learn more about our rights of residence drafting, or book a consultation.
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Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.