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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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My father died leaving a will. Not included in the will was

Resolved Question:

My father died leaving a will. Not included in the will was a request from him that his partner could stay in the property for 3 years which was agreed. The 2 executors (my brothers) have decided and discussed with her that she can stay indefinitely which I don't agree with as this goes against what my father had provided for and requested. As a beneficiary what rights do I have? Can they go ahead without my consent?
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Buachaill :

1. Can you better explain the situation. Who is entitled to the house under the terms of the will? Do you benefit under the will.

Customer:

Dad left everything to be split 4 ways to his 4 children, this also included the spanish property. Dad's partner of 7 years lived in the property with him but dad bought it outright after his second marriage. Dad was clear his partner could stay for up to 3 years and he left her 10K in the will to cover the household bills. Dad spoke to all of us independantly about this arrangement and we all agreed to it even though it was never put in his will. I would like to adhere to dads wishes but my brothers (executors) have already told her without consulting with me that she can stay for as long as she likes! This goes against what dad wanted and want to uphold this. My brothers are drafting something with solicitors to allow her to stay.

Buachaill :

2. Well you would have to sign this agreement which the solicitors are drafting for her to be able to stay. Otherwise you would be due rent in respect of your one quarter share in the property, should she stay.

Buachaill :

3. That is stay beyond the three year period.

Customer:

If I don't sign the agreement at all what happens next? Can I ask that I be bought out of that property entirely after 3 years? If

Buachaill :

4. Yes, you can ask that you be bought out of the property after three years, in default of which you can sell your interest on the open market.

Customer:

can i be legally forced to sign the agreement?

Buachaill :

5. No, you cannot be legally forced to sign the agreement.

Customer:

If i sold my share in 3 years time what it be at the value it is now or what it would be in 3 years?

Customer:

sorry should say would it be

Buachaill :

6. The value in three years time. Not today's valuation.

Customer:

So if I don't sign the agreement when it comes what happens next? do we just all carry out Dad's wishes until the 3 years is up?

Buachaill :

7. Yes, absent agreement, this lady only stays in the house for three years.

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