13 Jun Inheritance vs Gifting: Planning for the Future
Warfield Park isn’t just a place to live—it’s a place to call home. For many residents, their park home is a valued asset they hope to pass on to a loved one, whether during their lifetime or after they’ve passed away. But knowing exactly how that handover works—especially the legal side—can be confusing.
Who has the right to live in your home? Can you gift it to someone? Does your Will cover it all?
This blog helps to clear up the confusion and act as a guide by explaining the key differences between inheriting and gifting a park home, with some examples and essential information.
It’s important to note that every situation involving the inheritance or gifting of a park home can be unique. Factors such as the specifics of the Written Statement, family relationships, and site rules can complicate matters. Speaking to an independent legal advisor can ensure that the transfer process complies with all applicable laws and protects the interests of all parties.
What Happens When a Park Homeowner Passes Away?
When a park homeowner (Occupier) dies, their Written Statement—the legal agreement that gives them the right to live on the pitch—may be passed on. But it’s not as simple as simply inheriting bricks and mortar.
According to the Mobile Homes Act 1983, several factors determine who can inherit the Written Statement, and therefore the right to live in the home.
✅ Conditions for Inheritance
- The home must have been the Occupier’s only or main residence.
- The person inheriting must either:
- Have lived in the home with the occupier when they passed, or
- Be named in the Will or entitled under intestacy laws.
Let’s take an example:
James and Joan lived together. When James died, he left his park home to Joan in his Will.
Because Joan was married to James and living with him at the time, she automatically inherits the Written Statement and all its obligations—like maintaining the home and paying the pitch fee.
What if They Weren’t Married?
Even if Joan and James weren’t married, she may still inherit if they were cohabiting as a couple. Under the law, “family members” can include:
- Partners living as husband and wife (or civil partners)
- Children (including stepchildren)
- Siblings
- Parents, grandparents
- Nieces, nephews, uncles, aunts
- Even step-relatives or half-blood relations
So long as Joan was living with James as part of a couple, she could inherit the Written Statement under Section 5 of the Act.
What If the Owner Lived Alone?
Michael lived alone in a park home and left his estate to his brother in his Will.
Michael’s brother will inherit the home. But here’s the catch: because he wasn’t living with Michael, he won’t have the right to live in the park home. He will however inherit the responsibilities.
🏡 What Are His Options?
- Sell the home on the open market to a new resident
- Remove the home from the pitch entirely
During the time between inheritance and sale or removal, the brother is still responsible for pitch fees and upkeep of the home and pitch.
No Will? No Problem—But Know the Rules
If the park homeowner dies without a Will, the estate will be divided according to UK intestacy laws. That means only relatives can inherit—and there’s a strict order of priority (spouse, children, parents, siblings, etc.).
The person who inherits the park home must still follow the same process: either sell/remove it.
Gifting a Park Home While You’re Still Alive
Unlike inheritance, gifting a park home is a proactive choice. You can gift your home to a family member during your lifetime—so long as they live in it as their main home.
But there are a few legal hoops, especially if your Written Statement is older.
📅 For Written Statements Dated Before 26 May 2013:
You’ll need to complete a Notice of Proposed Gift and send it to the site owner before transferring the home. Both you and the person receiving the gift must sign it, and you’ll need to provide evidence of your family relationship (like a marriage certificate or sworn declaration).
The site owner can challenge the gift only if:
- The new resident doesn’t meet site rules (e.g., minimum age)
- The evidence is unclear or incomplete
In such cases, the site owner has 21 days to apply for a Refusal Order from the Tribunal.
🆕 For Written Statements After 26 May 2013:
You’re in luck—no notice is required. You can gift the home directly to a family member as long as they meet site criteria.
Key Takeaways: Gifting vs Inheriting
| Inheritance | Gifting |
| Happens when the owner passes away | Happens during the owner’s lifetime |
| Beneficiary can be anyone named in the Will | Recipient must be a family member |
| May not come with automatic right to live in the home | Recipient must plan to live there full-time from when the gift takes place |
| Governed by the Will or intestacy law | Governed by gifting rules and site approval |
| Beneficiary is responsible for fees until the home is sold or removed | Recipient takes over obligations immediately |
Plan Ahead to Protect Your Loved Ones
Whether you’re thinking about gifting your park home now or making arrangements in your Will, it’s essential to understand your options—and how your decisions will impact those you care about.
Just remember the Park Home and the Written Statement are two related but separate items. One is the asset itself the other is the rights of occupation for the asset. It’s important to make sure you know what you want to happen and take independent advice from a solicitor.
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