Inheritance Rules for Park Homes
The inheritance rules applying to park homes differ from those applying to bricks and mortar properties.
When a park home owner dies the provisions of the deceased’s will, or the rules of intestacy apply to the actual park home but the right to live in the park home and to benefit from the pitch agreement, the ‘Written Agreement’, depend upon who was living in the home at the time of the owners’ death and their family connection.
Those inheriting a park home will be bound by the terms of the ‘Written Agreement’ which will include obligations to repair the home and keep the pitch tidy and to pay the pitch fee, whether anyone is living in the home or not. They will not necessarily be entitled to live in the park home!
The rules of inheritance for park homes are set out in Section 3 of the Mobile Homes Act 1983 (as amended by the Civil Partnership Act 2004).
If the park home owner dies whilst occupying the home as the main residence the agreement will be binding on the surviving spouse or civil partner providing they were living with the deceased at the time of death. In the absence of a surviving spouse or civil partner it would be binding upon any family member living with the home owner at the time of death. And if there was no family member living in the home then the agreement becomes binding upon any family member entitled to the home under the terms of the will or the laws of intestacy.
If another person other than a family member was living with home owner at the time of death the permission of the site owner is required if that person wants to take up residence, otherwise the home would have to be sold.
It is also worth mentioning that most if not all residential parks will have strict rules about occupancy, usually relating to the age of the occupant but also regarding pets for example. Anyone receiving a park home under the terms of a will who wants to live in it will have to comply with those rules and get the permission of the park owner.