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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10772
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My elderly mother's home is bequeathed in equal parts to her

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My elderly mother's home is bequeathed in equal parts to her four children. One of them, my brother (aged 53), has lived with her for the past 7/8 years. He is entirely dependent on her since he has not worked in this time and draws no benefits, but is not in any incapacitated. He will resist moving when she dies. Presumably he has no right to remain, since he will only inherit his share of the estate once all debts and taxes have been paid. Would you clarify the legal situation?

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

In circumstances like this, it would be normal for there to be a clause in your Mother's Will granting your broter the right to remain living in the property for as long as he wishes/for a certain amount of time, and then as and when he vacates. the property be sold and the proceeds split 4 ways.

Unless the above clause is contained in your Mother's Will, you are correct in that legally, your brother will not legally be entitled to remain living in the property unless the 3 of you agree to this- if the Will merely states the Estate is to be divided 4 ways, then each beneficiary is entitled to receive their entitlement and the Executors are under a duty to deal with the Estate efficiently, to include selling the property.

I hope this assists and sets out the legal position to you.

Kind Regards


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