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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 34026
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am the executor to my late mother and fathers will that

Customer Question

I am the executor to my late mother and fathers will that both passed away with in the last 22 months. I have done everything ask of me once probate was completed and the last thing to do is there house. I have 3 sisters which are all beneficiary on the wil. I have ask to buy them out there share so I can keep the family home. We have agreed a price but now my oldest sister that lives in Australia for the last 9 years is demanding I pay rent to her until my mortgage completes. The house is mortgage free and I paid the other bills so does she have the right to demand this? The other two sisters have said that I don't and are happy for me to continue living here while the mortgage completes. I'll be very happy for your thoughts
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Have you always lived in the property?

When was the last Probate granted?

When will the completion be?

Customer: replied 9 months ago.
Thanks for your message
I lived here from 6 until 24 years old, moved out when I bought my own house but when my dad died 9th September 2013 I moved back in with my wife to care for my mum as she was terminally ill with cancer with she died of in April 2015. I have since stay at the property paying the utility bills from the day she died until now. The last probate was roughly completed July/August 2015. I ask my sisters if I could stay here as I indented to buy it but need to wait until April 2016 so I could file my end of year tax books so the mortgage adviser had my accounts which they all agreed too. The completion should be 6 month as its a remortgage and you have to be on the deeds as a title owner to get the remortgage I need from the property to buy them out
Expert:  Clare replied 9 months ago.

What is the equivalent market rent for the property?

Customer: replied 9 months ago.
Expert:  Clare replied 9 months ago.

I am afraid that she is entitled to a quarter of that sum by way of "occupation rent" since the completion and the release of her funds is being delayed

This does not have to be paid monthly - you just have to give her the money at the time of completion

I am sorry not to give you better news - but sadly yes she can claim this

Please ask if you need further details

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