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JGM, Solicitor
Category: Law
Satisfied Customers: 13493
Experience:  30 years as a practising solicitor.
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My mother passed away last week just 7 months after my

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My mother passed away last week just 7 months after my father passed away. I have a sister and two brothers. The will states the house will be shared equally. One of my brothers lives in Australia and intends to come over in June for a holiday. He wants to stay in the house. Is this sensible to let him?

Thanks for your question. There is no legal reason why your brother should not be allowed to stay in the house. What are your specific concerns?

Customer: replied 10 months ago.
What if he damages anything or decide not to leave.
Customer: replied 10 months ago.
I thought the advice would be that “It belongs to all four of us and nobody should live in it because it might affect the sale. Plus if he decides not to go back to Aus we won’t be able to get him out.

Then the executor would have certain remedies for damages and removal. You would have to assess the likelihood of either of these things happening.

No, if he’s coming for a holiday, it is not unreasonable for him to stay there and as a joint owner he is allowed to do so. As far as affecting the sale it is generally though to be th case that a lived in house sells better than an vacant one.

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