Park homes for sale and rent in the UK

Your Residential Park Home - Inheritance

Published: 4th August, 2022

Your residential park home - Inheritance

This article will provide an overview of the legislation concerning park homes and specifically how this can impact the inheritance of a park home. Park homes legislation provides guidance on how a park home can be inherited in the event that the legal owner passes away.

The scenarios that commonly occur are discussed in brief:   

If a spouse/husband/civil partner passes away

If the park home owner was living with their husband/wife/civil partner during the park home owner’s life, then the surviving partner can inherit the park home agreement from the site owner.

In this instance the surviving partner or can continue to live in their park home and the agreement is transferred into their name, with no additional costs.

Living with a member of the family who is the legal owner of the park home

The above also applies if there was a family member who was living in the park home during the park home owner’s life. However, please be aware that the family member must satisfy certain requirements of being a “family member” and must meet the site rules’ requirements.

If no one was living with the park home owner

If no one was living with the park home owner, then the person who inherits the park home either by the will or a grant of probate will inherit the agreement and park home and become the legal owner. They will have the legal right to sell the park home and the agreement and also live in the park home if they meet the site rules’ requirements.

Important aspects particular to park homes

There is a distinction that must be drawn between:

  1. The agreement which allows a park home owner to station their park home on a site; and,
  2. The actual park home itself is classified as a “chattel” i.e. a thing that a person can possess in physical form.

In some circumstances a conflict can arise whereby a share of the park home has been left to a person by means of in a will or by intestacy rules (without a will) and said person may not have the right to reside in the park home based on the site rules for the park.

This will have implications for those who have inherited the park home agreement and those who remain living in the park home. In these circumstances, specific advice should be sought to try and avoid family disputes.

This area of law can be extremely difficult to navigate, particularly during difficult times.  In my experience, careful planning and understanding what you can and cannot do (by obtaining specialist park homes advice) may avoid lengthy and costly disputes between family members and/or loved ones after a park home owner has passed away.

Courtesy: Ibraheem Dulmeer at Park Homes Law

The information provided in this article serves as useful guidance. Please note that this is not intended to be comprehensive and should not be taken in place of specific legal advice.  This material should not be replicated without the author’s consent. Ibraheem Dulmeer © 2022