Aimee Hutchinson, a solicitor at Blacks Solicitors LLP, and Richard Hand, senior legal advisor at the Leasehold Advisory Service (LEASE) examine the main differences and areas of importance for park home owners when it comes to inheritance
It is common for site owners, park home owners and those who may be entrusted with the administration of an estate after a park home owner has passed away, to be unaware of the rules that apply in relation to who can rightfully inherit a Written Statement and in turn the right to reside in a residential park home. In addition there also tends to be confusion surrounding the circumstances where a resident can gift their park home. This article looks at the differences between inheriting and gifting a park home and considers common examples.
Inheritance of a park home
Inheritance depends upon who was living with the park home owner at the time of death. Section 3 of the Mobile Homes Act 1983 (“the Act”) sets out the hierarchy of potential beneficiaries, but inheritance of a park home is subject to it being occupied by the park home owner (prior to their death) as their main or only residence. It will explore a number of different scenarios to demonstrate these inheritance rights.
By way of example, meet our fictitious pair ‘James and Joan’ – they are married and lived together in a park home. Sadly, James recently died. Before his demise, he left the park home to Joan in his will.
Who will inherit the Written Statement?
Joan will inherit the Written Statement (and as a result the right to reside in the park home) as she was married and living with James at the time of his death.
That inheritance of the park home means that Joan is now responsible for the obligations in the Written Statement such as maintaining the park home and payment of the pitch fee.
In the above scenario Joan will inherit the Written Statement as a result of section 3 of the Act which states that a widow or widower, or civil partner, living with the deceased in the park home at the time of death will inherit the Written Statement.
If James was not married at the time of his death, will Joan still inherit the Written Statement?
If you need any further information, please do not hesitate to contact LEASE’s telephone advice line on 020 7832 2525. Alternatively, you can contact Aimee Hutchinson, a solicitor in the Holiday and Home Parks Team at Blacks Solicitors LLP, on 0113 2279 203 or AHutchinson@LawBlacks.com.
Read the full story in the July 2018 issue of Park Home & Holiday Caravan