Homeowners often ask what happens with their home if they die.  Here, Tim Selley, explains how the Mobile Homes Act helps.

The legislation in essence creates two different scenarios:

• Where a joint owner survives, or where a close family member (as defined) is living in the home as the time of death.
• Where there is no such person.

In fact the situation in the second case is the easiest to describe.  The estate of the homeowner is able to sell the home and pass on the home agreement to a buyer.  The estate of the homeowner can then have the net proceeds (after the cost of sale, any arrears of pitch fee etc and the site owner commission) for the benefit of the beneficiaries of the estate, be that under a will or what is called the intestacy rules, which apply if there is not will.

If the site owner suggests the agreement ends with the death, that is completely wrong.

However, do note that the beneficiaries unless qualifying as covered below are not entitled to take on the home and agreement, just to sell it.  However, and whilst you may be unlucky, the site owner could always ask if this is agreed to, and if so on what terms.

So that is what happens in the second scenario.   This however is not what then happens in the first.

Any joint agreement passes by law to the survivor at the time of death.

But what if the agreement was solely with the homeowner who has died?

Assuming a partner or close family member is then living in the home then the Act applies and provides despite what any Will might say that the occupying partner or close family member can take on the home owner agreement

This normally applies for a surviving partner (spouse or civil partner) but if there is no one in that category, then it can be a “member of the deceased’s family”.  This is wide and does not just cover children.    It can include the likes of stepchildren.

It might well be the case that the person entitled under this provision is the same who would inherit the worth of the home under a Will.  However, what if not?  Say a parent in a Will leaves his or her estate to that person’s children.  What happens where just one of those is living in the home?

The situation is unclear.  If this happened the parties naturally may be able to talk and agree.  However and whilst what here is said is not definitely right (no binding case decision is known of) the answer may be this….

There in essence here are two different aspects.  The first is the agreement to have the home on the site.  The other is the ownership of the home.  What the Act says is that the occupying family member can take on the agreement.  As such it is considered ownership of the home does not pass by this section.  Let’s here give an example. ….

Mrs X is married to Mr X, her second husband.  The home and agreement are in the name of Mrs X who also has two children A and B from his first marriage.  In her Will, Mrs X says she gives his home to A and B.

Here then, Mr X can stay on in the home.  It however is considered in effect he has a life interest and when he leaves it, then a sale would be for the benefit of A and B..

What then in the meantime, in terms of the expense of the home?  First, what about routine expense like the pitch fee, and bills?  It is considered that Mr X should pay those, as he gets to live in the home.  But what if there is some major home expense eg re cladding?  This is not so straightforward. Whilst it may be necessary so he can go on living in the home, its value is for the benefit of A and B.  So, it might be felt fair that they should pay.

The crux is in this type of situation, the effect of it should be discussed preferably when any will is made but if not between the parties soon after death in the hope an agreement can be reached.

In short, most times there is a simple solution here, but also a potential for some complications.

We can help with advice on park home law and with Wills. Please contact us on 01626 202404 or email lawyer@wbw.co.uk to discuss this with one of our legal experts.

WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Chard, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.