We've inherited half a house from our father but his partner still lives there - what are our options?

My dad died in autumn 2024. According to his will, myself and my sister have half of the house.When his partner dies will we be entitled to some of his money and property?We are not sure what's in her will. She's still alive and lives in the house. They weren't married.The will mentions residue funds. Please can you tell me what that means? Probate has been obtained for my dad's half of the estate. Inherited house: What happens if a partner still lives there after your parent has diedTanya Jefferies, of This is Money, replies: It is common for someone who shared a home with a partner to leave only their own half share to their children.We asked a lawyer with experience in this area to explain what you need to check regarding your right to inherit a share of this property and what steps it would be sensible to take now.Roman Kubiak, partner and head of private wealth disputes at law firm Hugh James, replies: The starting point is to check your father's will and property title documents as co-owned property is held either as 'joint tenants' or 'tenants in common'.With a joint tenancy, and assuming neither your father nor his partner 'severed' the agreement, whether explicitly or by implication, your father's share of the property automatically passes to any surviving co-owner(s), regardless of what the will may say.Severing an agreement would occur, for example, if they both prepared wills to deal with their respective shares. Roman Kubiak: Owning a share of a property doesn't necessarily mean you can gain access to that share immediatelyAs his will purports to leave you both his half to share, the property is more likely to be owned as 'tenants in common', meaning each owner has a distinct share which they can leave to their heirs, but I would check the Land Registry title to confirm.Assuming it was held as tenants in common, and subject to any restrictions in the will and rights or interests granted to the partner, that share passes to you and your sister, regardless of what the partner's own will says.Her will only governs her own share of the property and separate assets, not your father's.However, owning a share of a property doesn't necessarily mean you can gain access to that share immediately.For instance, the will may give the partner a 'life interest', which provides a right to live in, or benefit from, the share of the property for life, often under a trust, with the capital passing to you on her death and subject to the partner complying with obligations around maintaining the property.That would take priority over any wish you may have to sell the property.Despite the absence of a life interest, the partner may resist any attempt by you to realise your father's half share.In the case of a disagreement, a person can apply to court under the Trusts of Land and Appointment of Trustees Act 1996.The court has wide discretion, weighing the intentions behind the trust, including the will and the purpose for which the house is held.Examples include whether it was intended to remain her home after your father's death, the interests of any children living there, and the co-owner's own interests.Courts are often reluctant to evict a long-term elderly resident, particularly where a life interest or a clear intention exists stating that she should remain in the property.As such, it would be sensible to open a dialogue with the partner to establish their intentions, such as whether she wants to remain in the property or downsize.Early, tactful discussions can help to avoid costly legal disputes later down the line.Even though they were unmarried, the partner could potentially seek greater financial provision from your father's estate if faced with the prospect of having to leave the property.She may be eligible to claim under the Inheritance (Provision for Family and Dependants) Act 1975 if she was 'maintained' by your father, or living with him as a couple for at least two years before his death.Such claims must generally be brought within six months of probate, though courts can allow late claims.A life interest already providing for her may reduce both her incentive and her prospects of succeeding.The term 'residue funds' in your father's will would usually refer to everything else left in the estate after specific gifts, debts, funeral costs, tax and administration expenses have been paid.Check who benefits from the residue and in what proportions, as it may include assets beyond the house.