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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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My mum passed away in november. I live in the family house,

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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>

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.

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Kind regards,

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