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Buachaill, Barrister
Category: Law
Satisfied Customers: 10949
Experience:  Barrister 17 years experience
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Hi need some advise. My father passed away 5 weeks ago my mother

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Hi need some advise. My father passed away 5 weeks ago my mother is in a carehome .Their property has been split 50/50 as the tenancy was separated. My fathers half of the property in his will is shared between 3 children and my mothers half is left to my sister. Anyway my brother has moved into the bungalow changed the locks and is refusing to move out.He has sold his own property as well . As he now owns a small share he says he is legally entitled too live there. My question is can we legally get an injuction for him to vacate the property as it has to be sold when my fathers estate has gone through probate . Basically we want him out and do not want him to empty the property of our parents personal possessions . My sister has LPA for mother and has always acted in her best interests. Mother is seriously ill when she passes my sister will own the biggest share 50% . Three of his siblings want him out as he is acting very irrationally . Can we get an injuction or would be correct to say that my sister can move into the property . Hope this makes sense

Buachaill :

1. At the outset, the bad news is that a co-owner of property, even of a one sixth share, can live in the property, as in law he is the owner. You cannot get an injunction to remove your brother once the will of your father has been administered and that half of the property transferred into the names of the 3 children including your brother. YOur sister has no rights, as she is the owner of nothing. Currently she may have some notion that she will inherit when your mother dies. However, until your mother dies, your sister has no personal rights. Under the Lasting Power of Attorney she can handle your mother's affairs. This includes attempting to get the property sold. However, the holder of a LPA cannot take any benefit from the affairs of the donor of their Power. This means that your sister cannot move in and live in the house as this would be benefiting her personally at the expense of your mother the donor of her LPA.

Buachaill :

2. However, the behaviour of your brother is unlawful to the extent he has changed the locks to the house. Every owner must have a key to the property. So, formally write to your brother and demand a key for both yourself, your other sibling and your mother/sister. In law, your brother has no right to any of the personal possessions in the house. Your father's possessions form part of his will and the executor can enter into the house and take these possessions of your father away for sale or division amongst the relevant beneficiaries under his will.

Buachaill :

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Thank you for your response .It is what I suspected but it is good to have it confirmed .

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