Rights of Residence for Blended Families

A right of residence is a clause in your will that gives someone (usually a surviving spouse or partner) the legal right to live in a nominated property for a set period - often until their death or re-partnering. The underlying ownership of the property passes to your ultimate beneficiaries.

A life interest is broader - it often includes the right to income from the property as well as residence. A right of residence is narrower, covering just the living arrangement. For most blended-family situations, a right of residence is what people actually need.

Whatever the will says. We usually split it - the resident pays day-to-day outgoings (rates, utilities, routine maintenance), and the estate or ultimate beneficiaries fund major capital repairs. It's all drafted explicitly.

Only if the will allows. We often include a 'portability clause' - the partner can ask the trustee to sell the home and apply the proceeds to a new, smaller property for their continued residence. This works well for blended families when downsizing becomes sensible.

The right of residence ends, and the property passes to your ultimate beneficiaries (usually your biological children). We draft the triggers explicitly to prevent disputes.

Partners can make a family provision claim under the Succession Act 2023 (SA) - which replaced the former Inheritance (Family Provision) Act 1972 (SA) - if they feel they haven't been adequately provided for. A carefully drafted right of residence giving them genuine security usually holds up well against these claims. Sam will advise on risk when we draft.