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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10409
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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my mothers will left the house to my brother and myself, she

Customer Question

my mothers will left the house to my brother and myself, she added a codicil saying that he could stay in the house until he finds alternative accommodation, and that it cannot e sold without his consent.
He said he will never look for anywhere else to live. Can I legally ask for rent from him, or make him sell.
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.
I am afraid that you (and your brother) are bound by what it says in the codicil, and neither party is entitled to change the terms as mentioned in the codicil.
Normally, the right to remain living in a property will state that the occupier (your brother) is entitled to remain living in the property rent free for as long as he wishes. If the codicil says this, then your brother is under no duty to move out until he wishes to, and you would not be entitled to charge him any rent.
I am sorry this is not the answer you were looking for.
Please let me know if you require any further clarification.
Kind Regards
AL
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10409
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.

The codicil does say that he can stay until he finds an alternative not a life interest. So how come he can stay forever. The intention was that he would move out at some point surley

Expert:  Aston Lawyer replied 2 years ago.
Hi,
Could you please let me have the wording from the Codicil concerning your brother and the house?
Thanks
AL
Customer: replied 2 years ago.

a) I give my Son(name) the right to occupy (address) until he secures alternative accommodation and subject to such conditions as to payment of outgoings and as to insurance repair and decoration and further subject to the proviso that my son does not marry or co-habit for more than 6 months.

b) My trustees shall so far as they are legally able not effect a sale of the property with out the written consent of my son.

As I have said we live nearly 300 miles apart so I would not know if he is paying bills or living with anybody. I asked him for a copy of his house insurance 4 months after my Mum passed, he took out the policy the day he signed for my letter. Last time I was there I saw a hole on the inside of the roof which he will not have fixed. I cannot even make sure that the property is maintained in a good state. He will not communicate with me unless I send a signed for letter.

Last time I was at the house was just after the funeral, he would not even let me take anything from the house saying I could not as it was not mine!

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply.

Unfortunately, the Will has been drafted very badly, as it does not specify any time limit in which your brother has to find alternative accomodation. The fact that it says your brother will lose the right to live there "if he cohabits for more than 6 months" implies that it was your Mother's intention to allow him to remain living there for just as long as he wishes.

As it stands, you would be on very tricky ground (and very expensive) if you were to issue proceedings to evict him. At the end of the day, the Court would have to look at what your Mother intended as to how long your brother was going to be allowed to

remain living there. As there is no time limit quoted int he WIll, your brother may successfully argue that his right to remain there is open ended.

I am sorry I can not give you better news.

Kind Reagrds

AL

Customer: replied 2 years ago.

Thank you,

could I please ask, as this codicil was done by a solicitor would there be any recourse with them. I am told that the man who did it has now left the firm.

Customer: replied 2 years ago.

Thank you,

could I please ask, as this codicil was done by a solicitor would there be any recourse with them. I am told that the man who did it has now left the firm.

It does seem very unjust that I have inherited half a house and all that was in it that I am never going to get.

Expert:  Aston Lawyer replied 2 years ago.

Hi,

It will be expensive but you could ask an independent Solicitor to look into the matter to see if your Mother's Solicitor has been negligent in drafting such a clause. It might well be, however, that your Mother requested that this loosely termed clause be put in her Codicil.

Kind Regards

AL

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