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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My mother died last September. My brother had been living with

Resolved Question:

My mother died last September. My brother had been living with her in the property she owned for about 10 years . He and my other brother are executors of mum's will. What rights does my brother now have for continuing to live in the property . My mother's will stated that her estate be divided equally between her 4 children.
Submitted: 2 years ago.
Category: Family Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.May I ask if your resident brother has ever paid rent please?Has he been asked to leave the property or are there presently any disagreements about how to deal with the property or his occupation?Is your other non resident brother who is also an executor in agreement with you generally on how to proceed or do you not see eye to eye?
Customer: replied 2 years ago.
1) no he has not paid rent
2)not at present
3) in agreement generally , I think. I also have a sister who I think is in agreement generally.
Expert:  Joshua replied 2 years ago.
Thank you. If your brother is living in the property he is liable to pay to your mothers estate an occupational rent. An occupational rent would be commensurate with the market rental payable for a property of that size and value less a discount commensurate with his share of the property to reflect his interest. So in this case if the estate is to be shared between four of you then he could deduct 25% from the rental figure to reflect his share of the estate. It may be that the other beneficiaires will be prepared to waive the right to collect rent but this is their right should they wish to do so. In addition if he has paid no rent it is possible to ask him to leave the house by serving 28 days notice to quit the property. As an executor your resident brother can frustrate that because he has legal authority over the property and if he attempts to do so then your other brother or you or your siter may make an application to replace him as executor on the grounds of conflict of interest with another sibling. I would imagine that none of the above will be necessary and in practice you will simply agree between you how to proceed but the above are your rights should there be a disagreement on how to proceed. Your resident brother has no rights to continue to live in the property other than the right to the above minimum notice against the wishes of the beneficiaries and if he does so with the consent of the beneficiaires he will owe an occupational rent unless the beneficiaries decide to waive this requirement as above. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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