Thank you. As you have been told you are now out of time to bring an Inheritance Act claim because the time limit is 12 months. Even so, if the will simply left everything equally between children beneficiaries, it is unlikely that you could challenge on the basis that you needed to continue to live in the property unless you can prove that it was promised by your mother and you relied on that promise to your detriment.
The way the court would look at this is that if your mother had wanted you to continue to live in the property, and having written a will, she would have made provision in the will for you to live in the property for life or for a number of years before it sold.
It actually gets worse for you I am sorry to have to tell you. You have lived in the property since your mother’s death 17 months ago and you are liable to pay an occupational rent in respect of your occupation of the other siblings share of the house at the market rent. If you had three siblings, would be liable to pay 75% of the market rent, 25% each, from the date of your mother’s death until you move out.
I’m sorry to say that I don’t think you have any alternative but to sell the property
Can I clarify anything else for you?
Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.