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Thomas
Thomas, Solicitor
Category: UK Family Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My mum passed away in november. I live in the family house,

Resolved Question:

My mum passed away in november. I live in the family house, the will states everything is 50/50. Can my brother legally get me to see as i dont think i will be able to buy him out>
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If it is the case that you and your brother are to inherit your mother’s estate, including the property, equally then it is likely that he will be able to force the sale of the property.

If the Will does not state that you shall both inherit equally but subject to you having the right to remain living in the property so long as you shall wish then you will each have a 50% interest in the property immediately without conditions attached.

If you are not able to negotiate a buy out of your brother’s interest or cannot afford to so that you would have it registered in your sole name, then your brother can apply for an Order for sale of the property at Court. They would most likely be successful but you would both have to pay legal fees which could put further strain on you both.

You need to enter negotiations with him, it sounds like.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
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