You say that your mother left her share of the house to you and your sister but then say that we have 60% and he has 40%. I’m sorry to say that all but I don’t actually know who has what because that doesn’t make sense. You may be saying that your mother’s husband has 40% and you and your sister have 60%.
There is no reason why it should need a structural survey based upon what you’ve told me. I cannot see why there should be no photographs if cursory walk-through is not enough. None of this is making sense.
If your mother died and left whatever share of the house to you and your sister subject to him living in it until he dies or doesn’t want to, but that is subject to him keeping the property in a good state of repair, a lot depends on the terms of exactly what it says.
For example, 1) , if the property has to be kept in a good state of repair it has to be good regardless of the current conditions.
If on the other hand 2) it says the property has to be maintained, it only has to be maintained in the current condition regardless of what that is.
What it would need therefore could potentially be either a full structural survey in the case of 1) good state of repair or just a schedule of condition in the case of 2) maintaining it. Maintaining it does not mean improving it.
Let me just tell you now that if you are thinking of trying to get him out, by alleging that he is not maintaining or repairing the property, it’s going to be an uphill struggle unless he is blatantly letting the place fall into rack and ruin. I have a personal friend in exactly the same situation as he is in and the residuary beneficiaries have been trying to get him out for 10 years and so far, they have wasted GBP20,000 in trying to get him out to no avail. He is maintaining the property because that’s all he has to do. Because he gets free legal advice from me, they have actually given up.
Thank you for letting me assist you with your legal question. I am glad that I was able to help.
I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.
It will be my pleasure to help you again either further with this or any future questions you have