Property

[elainejo50]

I asked this question under Deeds but woud like to give a bit more info than I did before in the hope someone will be able to advise. My husband is the eldest of 4 children. We own our own house, as does his brother and sister. The brother who we are concerned about lives at home with my mother in law in a house where the mortgage is fully paid up. He pays a peppercorn rent and helps with some household bills. When my mother in law dies she has left a will giving the estate to be shared equally amongst the four children now our question is what happens to him and the house. He has no partner and comes and goes as he pleases. The brother concerned is 54 at the moment and unlikely to get a mortage that would allow him to buy out the other three shares and continue to live in the house concerned. Should he become difficult and refuse to move on the grounds has no where else to go what is our position in law. Can he contest the will on the grounds has has always lived there since his student days and has no where else to go and do all three other beneficiaries have to agree that he should leave. Does anyone know if this will cause problems when this happens

[Mrs_Pegasus]

On the face of it I would say he has no grounds to claim tenancy of the house. He hasnt a secured tenancy, no dependants and hasnt got a tenancy agreement. Personally I would say this would be quite straight forward. He would have to pay to contest the will and although he may, I cant see how 3 against 1 would win.

People will suggest a solicitor. You can get set fee meetings which would settle this once and for all and with 3 of you chipping into the cost it wouldnt break the bank.

[lady_p_gold]

Oh dear this is a tricky one, even if he has no legal right to stay there how are you all going to feel if he goes off into the night with nowhere to go ....... or is he a bit of a layabout ???? Whatever happens I can see family ructions ahead. Just because he is related I suppose he has no more right to stay there than anyone else, whether he could contest the Will as being 'dependant' and ask to remain there for the rest of his life we need someone more qualified to tell us ........ Good luck !

[elainejo50]

Thanks for your answers, one thing I did forget to mention is that the other brother who lives in Nottingham writes his own books and he uses his mums house as a london base for having his books delivered plus his sister won't have anything bad said about the brother who lives in the house. It wil unfortunately be my husband and his sisters boyfriend who will be the only ones who want him out and yes he is lazy.

[minti]

You are not alone in this situation. My brother also never married and stayed at home with our parents. He's in his fifties too. When my mother died my dad signed the house over to him so the state wouldn't take it off him if he had to go into care (he's 87 and still ok at the moment). My sister and I have our own houses and we are okay about our parents house going to our brother BUT, what if he gets married after dad dies?? His wife will inherit our parents home. My brother has made a Will but we don't know what he's going to do with the house. In any event, if he marries the Will will be null and void. Quite honestly, it's none of my business really. What will be will be.

I would say in your situation you probably wouldn't really want to see him homeless but he should be made to pay the going rate for renting the house surely. Then, if that fails, take legal advice. I would still advise you to keep things reasonable in trying to get the best outcome for all.