3 Comments Wills, probate, letters of administration, powers of attorney
You say she has a site agreement but no title to the land. The wording of that agreement and the relevant state law are critical in your situation.
Before you proceed with your proposal you need to check the arrangements surrounding your mothers right to live in the village. Often such villages have control over the property which allows a person to live there under certain conditions, for their lifetime.
For example I live in a retirement village and the agreement I have with my village specifically states that I do not have the right to bequeath my home to anyone else, it reverts to the village, for which they pay my estate an agreed amount.
Hope that is not the case for you, but you need to confirm this first.
A community law center may be able to assist with this and with your other questions which wil become relevant once the first mater is confirmed. These people may be able to assist you.
Hi Joe, The site Agreement where my Mother's house is, is more concerned about the use of the land and the payments of fortnightly rents, services etc and upkeep of the house and surrounds. If I wanted to, the house could be demolished and removed from the land.
The house was purchased outright by my Mother, and sits on a block of their land for a fortnightly fee, with this amount reviewed every three years. The original Agreement still called the place a 'Caravan Park'. Now they simply call it a village, though, any buyer has to be 50 or over. It can't be used as a rental(due to the Site Agreement.
The Villages rules state I can sell the house to anyone, at any time, through them or a private real estate Agent, as long as the buyer is acceptable to the village owners, because they buyer has to sign the Site Agreement. If the village reject the buyer, I can appeal their veto of the buyer if required.
My sister lived with my Mother at the village for many years, and they are sort of ok with her name replacing my Mother's name on the Agreement. The park owners would prefer all three names are on the Agreement, this way any money issues have three avenues, rather than the present one money source.
My main enquiry here was to see if anyone had experience with Deed of Family Arrangements and/or Letters Of Administration, and if the Deed does the job.
As I see it, even if I do get the Letters of Administration sorted, I still need to make some sort of direction over the house use and its conditions, which means the Deed comes into play. As I do not have any Real property(house and land) to get re-titled in one or more names, big monies or insurances to apportion, the Deed seemed the most economical and straight forward way...says he with no experience....
Ged 2018-10-15 23:32:28
Thank you for explaining this.
As I see it there are two issues, the ownership of the home and your sisters right to live there.
If you and your siblings were to retain joint ownership the other matter is quite simple. You all sign an agreement with your sister that she has right of residency in the joint family property in return for her meeting the financial and other requirements of the village.
I think you will need assistance from Caxton legal centre if you want different to this.