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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 12533
Experience:  30 years as a practising solicitor.
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My father died about 6 months ago, leaving no will. Only a

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my father died about 6 months ago, leaving no will. Only a verbal will which he had 4 witnesses too that me and my mother were to stay living in the house until we no longer wanted to. I currently live in his old property and have done for over a year now. Me and my sister originally agreed that i could carry on living here until we both wished to sell the house. In the meantime a guy has come forward claiming to be our half brother and wishes to sell the house. I'm just wondering where i stand, can he force me to sell the property.

Thanks for your question. A verbal will is of no legal effect and your father’s estate will be wound up according to the law of intestate succession, ie, the law will assume that there is no will. Can you tell me what family there is and what estate there is. Can you also tell me what credentials the half brother has. Has he proved he is a son of your father?

Customer: replied 3 months ago.
Ok I knew the verbal will didnt really hold any water, They were just my dads wishes, which me and my half sister have tried to adhere to. So there is 3 of us total all half siblings. We met up with the brother (i dont even like calling him that) he had a copy of his birth certificate which was hand written and he wouldn't give it us, my older sister is the adminstrator of the estate. There was a bit of a rumour that he may of been adopted by his mothers current partner, and im wondering is it unreasonable to ask him for a dna test even with his birth certificate. As we still dont have a copy of it, he wants to send a photocopy, and hes been acting a bit weird about it. I dont trust him at all.

Get a photocopy of his birth certificate from him and then apply to the registrar for a proper extract. I presume you need evidence of his entitlement. You can get a DNA test but of course if he is adopted elsewhere he may not have inheritance rights to his birth fsther’s estate. You need to find all this out in my opinion before you can make any important decisions. In the meantime I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 3 months ago.
If he does turn out to be entitled to the estate. Do I have to sell my home just because he wants to or can he not force me to do it.

Was your mother married to your father?

Customer: replied 3 months ago.
No she wasnt

Who held the title to the house? Was it just your father or was it your mother as well?

Customer: replied 3 months ago.
was my father

Your father’s estate is to be shared between his children. So who the children are have to be established. If this person is a child of your father then he can insist on his inheritance which may or may not depend on the house and whether it has to be sold. I hope that helps. Please leave a positive rating so that I am credited for my time.

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Customer: replied 3 months ago.
Thank you