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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi My name isXXXXX and trying to help aFRIEND about

Resolved Question:

Hi
My name isXXXXX and trying to help aFRIEND about claiming half shares on a house.Her Mum died recently and she doesnt get on with her sister.She intends going to the funeral this Friday and occupy this house till she receives her half share.What rights does she have in doing this?THANKS
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

I assume I am correct to assume that the house in question belonged to mum and is in mums sole legal name? Do you know if mum left a will please? If so do you know what it provides for re the house?

Customer:

Hello yes she did leave a will.That is all i know.

Joshua :

Thanks. Your friend has no knowledge of the will at present nor who the executor(s) is/are?

Customer:

Yes all she has told me she has half shares in the house in the will and also she is not financially in a bad state

Customer:

sorry she is in a financially bad state

Joshua :

Thanks. Your friend may not need to make a claim against the house as such. If half the house has been left to them in their mothers will then half the house is theirs as of right. The first step is to obtain a copy of their mothers will - it may be kept with their mothers papers or with a solicitor or bank. It is a matter of some amateur detective work to track it down. Their sibling may have information in this respect.

Joshua :

If mum did not in fact make a will and no spouse, then all her children will share equally in her estate and have a right to act as executor.

Joshua :

If a will can be located your friend can ascertain their entitlement from the same to confirm their interest. They may or may not also have been appointed as an executor.

Customer:

How does she find out if her sister does not cooperate in setting eyes on her Mums will

Joshua :

Does your friend believe that sister holds will?

Customer:

Yes definitely

Joshua :

Thanks. On that basis the sister should consider providing a copy to your friend. If she refuses to do so then your friend can ultimately if necessary subpoena a copy of the will. They would need a local solicitor to assist them with the application but your friend can make the threat without need of a solicitor.

Joshua :

It is a relatively straightforward process

Joshua :

If your friend moves into the property in the meantime, if they could be required to may an occupation rent commensurate with a market rent for the property for their period of occupation so should consider moving in carefully before they do so.

Customer:

Thankyou for your advice.Imight need further help from but i will see how things.ONE FURTHER QUESTION can she still occupy the house till these matters have been sorted?

Joshua :

If she can gain access to the house she can occupy the house either with permission from the executor(s) (she may be one herself of course) or in default of which unilaterally subject that the executor(s) can seek to evict her and/or claim rent as above pending any sale.

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