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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10451
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My brother is allowed to stay in my mums property for 2 years

Resolved Question:

My brother is allowed to stay in my mums property for 2 years after her death. The property is then to be sold and split 3 ways. He says he will not move as my mum told him he could stay. There is nothing in writing about him staying. The will states he can stay for 2 years after her death rent free but paying all other expenses. He says it's his family home and he won't move. He is on benefits and does not work. He can not afford to pay my sister and myself our share.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hi,

Thanks for your enquiry.

If your Mum's Will grants your brother the right to remain in her house for 2 years then that is the extent of his right. He can't therefore assert any further rights once the 2 years has elapsed.

If he does not agree to leave, then you and your sister would have to Court proceedings to get a repossession order. He would have no defence in any such proceedings and the Court would grant an Order that he vacates. I appreciate this is likely to be costly, although the Court would normally make an award that your brother pay the costs involved. You may however wish to put it to your brother that this action will be taken if he does not willingly leave.

Hopefully, the mere threat of Court action, will make him see sense.

I hope this assists and sets out the legal position to you.

Kind Regards
AL
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