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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 7215
Experience:  Owner at James Bruce Solicitors
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My mum and dad had mirror wills, dad passed away now. The

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Hi, my mum and dad had mirror wills, dad passed away now. The wills stated that their home and all assets would be split 50:50 between me and my brother when the remaining parent passed on. My brother has now moved into the property having sold his own property, kept the proceeds from that but said I would never be able to sell the property as he now lives there and is a "sitting tenant". He was originally selling his own property, we agreed a valuation of mums at todays prices and he was going to buy me out early. Mum was going to write a new will to ensure then he had the whole property left to him. But he has kept all the money from his sale and refused to share. He now says, that my dad wanted him to have the house and my mother now says that as well. I just wanted to know if I could enforce the sale when my mum eventually passes. Something I never wanted to have to do. Thank You
JA: Have your brother and the mother and your father talked to a lawyer about this? What country do they live in?
Customer: UK, Dad passed away in 2019, my mums memory is fading and does not even remember the original will that was years before dad died. My brother says dad was not fully aware when he signed the will. But the solicitor came to the house and we even had to leave the room, when he talked to both mum and dad to ensure they were happy with what they signed and that they could make their decisions. Especially as we were doing power of attorney at the same time for the future. He explained that if for one minute he thought they were not capable he could not legally draw up the documents.
JA: What steps have they taken so far?
Customer: none, he has just moved in and said , this is my house, I live here now, dont care what the will says, you cant enforce a sale
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I think thats all,Customer: Chat is completed
Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
Customer: replied 12 days ago.
Thank you very much

The solicitor would have needed to be satisfied that had had mental capacity and knew what they were doing when they made the wills otherwise they would not have made them.

Your brother is entitled to change his mind about buying you out and does not need to give you anything for the sale of his house.

Your mother has a mirror will, a mirror will can be changed, but to do so, she would need to have mental capacity to do so, otherwise you can challenge any change.

There is nothing to stop your brother moving in with his mother, that's a matter between them.

When you mother dies, assuming the will has not changed, then you and your brother would inherit the house. That is when you can ask him to buy you out.

He cannot buy you out now as neither of you own that property until both parents are dead.

Assuming you both do inherit the house and he then refuse to sell, you would be able to take the matter to court and seek an order to sell from the court. This would order the brother to sell the property.

Customer: replied 12 days ago.
Thank you very much that is very clear for the future position . Best Wishes .

Can I assist or clarify anything further?

Customer: replied 12 days ago.
I think that’s very clear . As therefore “ sitting tenant” does not apply at all in this case . That was my main concern really. Thank you very much

No, he can still be evicted and an order to sell made.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

james bruce and 2 other Property Law Specialists are ready to help you
Customer: replied 12 days ago.
Thank you. Excellent service and grateful for the legal advice.

Your very welcome, pleased I could help.