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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10227
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My father died and I, his biological son, am now the owner

Resolved Question:

My father died and I, his biological son, am now the owner of his house. My father's will states that my stepmother is entitled to a monetary equivalent of his share of the house, but until I get vacant possession I will not be able to seek/re-mortgage house to pay her off. The stepmother together with her son and daughter in law are still living in the property. How can I get them to leave?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Does your Father's Will give your stepmother a right to remain living in the house, or does the Will just say that his Estate should be given X amount to stepmother and Y amount to you?
Who are the Executors of the Will?
I look forward to hearing from you.
Kind Regards
AL
Customer: replied 2 years ago.

The will states that I should pay my father's wife the value of his share of the property (which was 1/3rd). In the title deeds to the house his share falls to me as joint tenant. So payment to her is an act of goodwill. My brother and I are joint executors.

PS: 'seek/re-mortgage house' should read 'sell/re-mortgage house'

Expert:  Aston Lawyer replied 2 years ago.
Hi,
Thanks for your reply.
As Executors, you and your brother are under a duty to deal with your Father's Estate, and this includes paying the due amount to your stepmother.
As the legal title to the property automatically passes to you as the surviving joint tenant, the house itself does not form part of your Father's Estate. However, as your stepmother has no right to remain living in the house, you and your Brother should instruct a local Solicitor to write to her, requesting that she vacates just as soon as practically possible, to enable you to sell/re-mortgage the property, and to ultimately carry out your duty as Executor.
If she does not willingly vacate, I am afraid that the only other option open to you is to issue Court proceedings against her with a view to getting a repossession order. This must be a last resort of course and I'm sure you wouldn't want to take such action. The mere threat of you/your Solicitor warning her of such action, will hopefully make her see sense.
I hope this assists and sets out the legal position to you.
Please let me know if you require any further clarification.
Kind Regards
AL
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10227
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Has her son and daughter in law any 'squatters' rights?

Expert:  Aston Lawyer replied 2 years ago.

Hi again,

Neither have squattors rights- all they have is what is called a "Licence to occupy" which basically means they were given consent by your Father to reside in the property, but a Licence can be terminated immediately by either party. As your Father is no longer an owner of the property, the Licence can be terminated by you with immediate effect.

The only side issue which your step mother may raise is she may argue she has not been left adequate financial provision by your Father under his Will. Under the Inheritance (Provision for Family and Dependents) Act, a spouse can make a claim against their spouse's Estate on the basis that they have not been left sufficient monies to live. Any such claim could only be made against the monies your Father left, as opposed the house, as the house does not form part of his Estate (it automatically became yours through the joint tenancy).

Kind Regards
AL
Customer: replied 2 years ago.

That seems straight forward. My next question is about my right to enter and reside in the property. Can they stop me (by changing locks etc.) entering and residing in the property. If so, what are my remedies?

Customer: replied 2 years ago.

"For Aston Lawyer.."


That seems straight forward. My next question is about my right to enter and reside in the property. Can they stop me (by changing locks etc.) entering and residing in the property. If so, what are my remedies?

Customer: replied 2 years ago.

please see question of my right to occupy property

Customer: replied 2 years ago.

That seems straight forward. My next question is about my right to enter and reside in the property. Can they stop me (by changing locks etc.) entering and residing in the property. If so, what are my remedies?

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