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Clare
Clare, Family Solicitor
Category: UK Family Law
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Experience:  25 years experience of all aspects of family law
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My father died a few months ago leaving his share of the house,

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My father died a few months ago leaving his share of the house, which was jointly owned tenants in common with my mother, to my siblings and i. He also left my mother, who already owns half the house, a provision saying she can live in the house rent free and uninterrupted for the rest of her life. My mother is now trying to have me evicted from my home for the last seven years, before probate is granted. My question is does she have the right to evict me even though the executors have given me a licence to occupy?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
From what you have said your mother was given the right to reside there - but you were not is that correct.
How long will you need to rehouse yourself
Claire
Customer: replied 1 year ago.

My mother has a right to reside at the house as she owns half the property regardless. The provision does not intend exclusivity but merely states uninterrupted. I am under the impression that having a benefical interest by way of my fathers will gives me the licence to occupy the property.


Rehousing is difficult due to a lack of ID.

Expert:  Clare replied 1 year ago.
Hi
Actually I am afraid that it is quite possible that the Court will interpret the word "Uninterrupted" as meaning exclusive
This is coupled with the fact that at present you do not own any part of the property at all and will not do so until well after Probate is granted
In addition your mother could make an application to the court to challenge the Will on the basis that proper provision has not been made for her - and frankly it is likely to be successful - and of course incur extra costs for the estate.
Of course this can only be the roughest of guides and you may consider that it is worth fighting and discovering how the Court would interpret the wording
I hope that this is of assistance
Claire
Customer: replied 1 year ago.

Hi,


Thank you for your reply. I was under the impression that "without interfence" would grant her exclusivity.


Can you also clarify why you have interpereted her chances of convincing a court that proper provision has not been provided for, as likely to be successfull when she owns half the property already and has more in her bank accounts than my father. She also owns half and an eigth of both other properties in Morocco and a further eigth in another property in Morocco.


My father changed his will shortly before his death to stop our mother from evicting us, his childern and carers, from our home due to her contunually trying to do so when he was dying. Does this mean his wishes will not be allowed ?


 


Tom

Expert:  Clare replied 1 year ago.
Hi
Where has your mother lived for the last year?
Claire
Customer: replied 1 year ago.

Hi


My mother has lived in the house also, but did not care for my dad and was abusive towards him which caused us to have to intervene and take over my fathers care as he needed 24hr care during the last 6 months of his life.


 


My mother has also been arrested for assaulting my sister and i and is going to court, but yet has been alllowed to return to the home and assault me again.


 


She has played the system by taking out a non-mlestation order against me ex-parte, which was discharged at court on my return date,due to the undertakings.

Expert:  Clare replied 1 year ago.
Hi
Then yes I think there is a very good chance that the court will say that she is entitled to remain in her matrimonial home without anyone else being there and that by not ensuring this your father failed to make proper provision for her
Claire
Customer: replied 1 year ago.

Hi,


 


Thank you for your help it is really appreciated, even if not exactly what i wanted to hear. I suppose there is not a great deal we can do about it. Am i correct in thinking we have to prove the provision does not infere exclusivity or is this already taken as being so. In other words who would the onus be on to prove what the intentions of the will are concerning the word uninterrupted ?


Tom

Expert:  Clare replied 1 year ago.
Hi
At this stage other than deal with the occupation order you do nothing.
If she wants to argue that the meaning was she should live there alone let her prove it - but be aware of the risks
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29062
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you

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Clare
Clare
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