Firstly, your mother is entitled to an occupational rent in respect of your uncle’s occupation of her half of the property. Going back 10 years in a trust arising from a will, that could be a considerable amount of money.
I don’t know why this has waited 10 years because all your mother needs to do is get a firm of solicitors to threaten a court application for an order for sale if he doesn’t agree to put the property on the market and move out. There is no reason why she cannot do it herself but he’s going to take more notice of a letter from a solicitor threatening a court application and substantial legal costs. In circumstances like this, if she makes the application to court for an order for sale she is likely to get it and she is likely to get costs awarded against him in her favour. Because of the relatively clear-cut circumstances here he would be absolutely stupid to not immediately put the property on the market and agreed to assist with the sale.
An application for an Order for Sale is made under the Trusts of Land Appointment of Trustees Act ( TOLATA).
Although I said there is no legal reason why she cannot do it herself, if she has no experience of issuing legal proceedings and court proceedings, she might want to get a solicitor to do it for her.
Once again, because of the relatively clear-cut circumstances here, she may find that she can get a solicitor that will do this on a no win no fee basis.
As there is a clear will, it wouldn’t actually matter if the property had not yet been transferred into joint names although it would certainly help if it had been already.
.Can I clarify anything else for you?
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