As you can imagine, specific thought and consideration needs to be given where mobile homes and the like are concerned.
A mobile home for instance can be moved and in particular 'without causing damage to the structure'. This definition is set out in 'Caddick and another v Whitsand Bay Holiday park ltd' 2015 UKUT 63 (LC). However, it is also distinct from a 'chattel' as defined in section 55 (1) x of the Administration of Estates Act 1925.
It is relevant to understand the definition of a 'mobile home' when drafting your Will so we can determine whether or not it would qualify as a 'dwelling house/ residence' as this in turn is relevant in calculating any potential inheritance tax liability and what reliefs may be able to be claimed by your personal representatives on death.
"Where a caravan has become so affixed to the land as to become part of it, it will have ceased to be a chattel......however, in these circumstances it may be that the caravan would be regarded as a dwelling house and as such private residence relief may be available"
This is relevant in Will writing as we can then consider whether on death, the 'mobile home' would qualify for what is known as Residence Nil Rate Band Relief (RNRB). HMRC provide some additional useful guidance on this:-
"Whilst the definition of 'dwelling house' clearly includes a building of the fixed bricks and mortar type of property, where an asset, such as a static caravan or houseboat, has demonstrable been used as an individuals' residence you can accept it as being a dwelling-house for the purposes of the RNRB. Each case will depend on its facts.
Often clients will want to make a gift of their mobile home to a partner/ spouse/ child and wonder whether this is possible?
What is relevant here is the Agreement between the land owner and the client/ owner of the mobile home. Whether there is more than one owner; whether there is the ability for the 'survivor' to have a right to occupy; and also whether the interest owned as Joint Tenants or Tenants in common.
What will always be important is for the Will writer to have sight of the Agreement entered into at the time of occupation so they can determine your wishes and how they can be accommodated within your Will.