How do I indicate to my beneficiaries my wish to allow specific individuals to stay in the property they will be inheriting?
There are many factors to consider when it comes to distribution of property. One important part of which is that assets directly distributed to a beneficiary through a Will are considered his/hers which generally will be up to him/her to do what he/she wants with it. That being said, beneficiaries might still follow the testator's wishes out of goodwill.
As this is not legally binding, there is no right or wrong way to craft your wishes. Regardless, here’s a sample you can use under "Additional Instructions" in the property if you have nothing else in mind:
While not legally binding, it is my heartfelt wish on the following:
- the beneficiary(s) of this property to allow my {Relationship}, {Name}, {Identification Number/details}, to stay in it rent-free until he/she passes on;
- in the event that this property is sold before his/her death, the beneficiary(s) of this property is to provide him/her with alternate accommodation during his/her lifetime.
Similarly, if the wish is for the beneficiary to not sell the property for whatever reasons, you can use the following instead:
While not legally binding, it is my heartfelt wish that the beneficiary(s) of this property to not sell this property as {state reasoning}.