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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My grandfather is....

Customer Question

my grandfather died 18 years ago and left a will with a trust clause allowing my parents to live in his bungalow until the death of my mother the property then becomes mine and my brothers, my mother died last june and my father is refusing to leave does he have a right to stay
Submitted: 7 months ago.
Category: Family Law
Expert:  Jo C. replied 7 months ago.
I am really sorry. I did not mean to respond to this. I will opt out for others.
Customer: replied 7 months ago.
I am not asking about compensation I am asking about my grandfathers will
Expert:  Buachaill replied 7 months ago.
1. Dear Phillip, I regret to say that your father does not have the right to stay in the bungalow after the death of your mother. If the trust clause from your grandfather merely provided a right for your parents to live there until your mother died, then your father is not covered should your mother die. he must leave. Accordingly, yourself and your brother can seek to eject him should you so wish. This is because you are now owners of the bungalow since your mother died and you can decide what is to happen in this instance.
Expert:  Buachaill replied 7 months ago.
2. Please Rate the Answer as unless you Rate the Answer your Expert will receive no payment for answering your Question.
Expert:  Clare replied 7 months ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstWhat is the EXACT wording of the Will regarding this?
Customer: replied 7 months ago.
in this clause
(I) dwelling means a freehold house bungalow maisonette flat or flatlet in the united kingdom and any grounds belonging to it
(ii) my house means my house as his address aforesaid together with its grounds or other the dwelling which I may own (or hold under lease) as my principal residence at my death
(iii) the contents means all my furniture furnishings and household effects
(iv) the beneficiary means my daughter the said diane staed
(v) the trust period means the period between my death and the death of the beneficiary
Customer: replied 7 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 7 months ago.
Thank you for that but I need the wording that covers the actual creation of the Trust - what it says needs to be done with the property?
Customer: replied 7 months ago.
i have attached a copy of the will, the reason for the trust clause is that my parents had 2 houses repossessed and my nana and granddad did not want my parents to have any financial gain from the property, my father has stated he will drag us through the courts before he leaves the property and his first step will be to contest the will. all valuable items from the property were sold upon my parents moving into the property including antique silver and jewellery that was being kept in the property for myself and my stepdaughters. my nana and granddad were the parents of my mother
Customer: replied 7 months ago.
not sure if you got my last reply but I have attached a copy of the will
Expert:  Clare replied 7 months ago.
Excellent - thank you.For clarity - your father is saying that he will contest your grandfather's will which went to probate a considerable time ago - is that correct
Customer: replied 7 months ago.
yes he is saying he will not leave the property and will drag us through the courts before he leaves I am not sure if the will went to probate my parents moved into the property the day of my granddads funeral, he says he is going to contest the will as the first step of him remaining in the property, the first time I was aware of the will was when I received a cheque from the solicitor and my brother gave me a copy for my records, my father thinks he is a solicitor he studied law at university but never completed the degree, on my marriage certificate he has put his occupation as solicitor I only discovered he was not a solicitor a few years ago
Expert:  Clare replied 7 months ago.
Your father cannot contest the Will - the time for doing that passed nearly 17 years ago - and in any event he has no grounds on which to do soHow old is your father?
Customer: replied 7 months ago.
I am not sure he is around 67, will we have to go to court to remove him from the property?
Expert:  Clare replied 7 months ago.
I am afraid that the Executor will have to take action to evict your father from the property in order that it can be sold.He will haveto be given "reasonable written notice" to leave - which I would suggest should be at least three months.
Customer: replied 7 months ago.
my brother is the executor and we both want to remove our father, if we give him notice to leave can he take us to court? we are both worried about the cost involved if our father takes us to court
Expert:  Clare replied 7 months ago.
You need to give him Reasonable Notice and then after that you will need to arrange to change the locks.Your father may try and take court action but if he does he will be liable for your costs in the event that he is not successful - and he will not be

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