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UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My mother died 5 years ago intestate and her living partner

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My mother died 5 years ago intestate and her living partner of 20 years made a claim against her estate and sued myself (I am the administrator of the estate). His claims were rejected in a high court judgment in December and he was not awarded any provision from my mother's estate including any rights to continue to live at her house. In early January I served him written notice that I wanted him to vacate my mother's property by the end of February - he requested more time but I refused. He has appealed the judgment which will not be read/adjudged until mid-March.

What action can I take once the notice is served tonight? Do I have to wait for the appeal decision? He has been staying at another (friend's) address the past week but may decide to return tomorrow. There is no agreement or contract for his current occupation of my mother's house. Is the high court judgment separate from a possession order (in terms of effectiveness) or will I have to gain a separate possession order to proceed/enter the property? Note: Shortly after my mother's death he changed the locks so I have no keys and have not been in the property for the past 5 years.

I am afraid yes, the high court judgement is separate from a possession order so if he does not move out voluntarily, you will need to go to court to seek a possession order on the basis of the high court order denying him rights to continue living at your late mother's property, and provided his appeal is also thrown out.

I would suggest that you wait until the appeal is determined before you take any further action. Hopefully he may move out voluntarily if he loses the appeal.

Hope this helps
Customer: replied 4 years ago.

Thanks. Would I have to give fresh notice once the appeal decision is made or can I evict him immediately (with a possession order)?

You don't need to give him fresh notice once you receive the possession order.

Hope this clarifies
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