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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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Two sisters and a brother are inheritors of a £600,000 estate,

Resolved Question:

Two sisters and a brother are inheritors of a £600,000 estate, comprising a house and 15 acres of land mostly. The father died 2yrs ago, the mother 5+ yrs. The brother has lived there all his life and is claiming ownership of the property.
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. At the outset, the brother claiming ownership cannot do so on the basis of adverse possession if his mother or father were alive and living in the house with him. In order to claim adverse possession, the claimant must exclude all others, including the original owner from the property. If the mother or father lived in the house with the brother, then such a claim for adverse possession would fail.2. The brother could make a claim to the property and house if this had been promised to him by one or both of his parents and he had acted to his detriment by farming the land, maintaining the house and altering his life so that he cared for his parents and the property whilst they were alive. If such detrimental reliance existed, then the court might find a constructive trust in favour of the brother. However, the facts have to be strong.3. The brother could make a claim under the Inheritance (Provision for Family & Dependents) Act, 1975, on the basis he was dependent upon his parents and deserved to be given the property in their wills. However, a court is highly unlikely to disturb the one third equal division laid down by statute as one third is a large share in any estate, without there being extenuating circumstances.4. If you want to provide more information about the basis on which the claim is made and the circumstances, I will be happy to help further.
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