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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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i inherited two houses in my fathers will one his brother has

Resolved Question:

i inherited two houses in my fathers will one his brother has lived in since about 1945 he has never paid any rent and refuses to vacate claiming he should have been provided for in my fathers will which he made about eight years before his death probate was granted 27th july 2012
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

Does he have a tenancy agreement or other agreement governing his occupation?

Tom
Customer: replied 1 year ago.

No

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.


You cannot appeal a testator's will, it is their right to execute a will which reflects their wishes.

In the event of your parent's passing away and not providing for your brother then he would usually make claim against the estate under the Inheritance (Provision for Family and Dependent) Act 1976. However, in order to be eligible to do so he must make the application within 6 months of the date of the grant of probate in the estate. This means that he is time-barred from making the application once you reach the 27th of the month. I would do nothing until that date.

If he issues by this time then you're going to have to litigate. If he doesn't then your position improves enourmously.


If he does not have a written agreement then he does not have many rights. He does have the right to receive reasonable written notice of eviction. “Reasonable” usually depends on the amount of time that they have occupied the property for. I would expect that 3 months notice would probably be sufficient in the circumstances.

If you serve the notice and he does not leave then you can evict him without a Court order (technically) and by instructing bailiffs. However, because the circumstances are quite complicated I would strongly advise instructing a solicitor to serve the notice on him and then apply for a Court Order in any event. Bailiffs can be instructed after you have the Order.

The letter would also effectively invite him to make the claim that he refers to, knowing that he is almost certainly time barried from doing so – effectively calling his bluff.


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Kind regards,


Tom
Customer: replied 1 year ago.

Thank you for your reply. However,your reply refers to my brother. It is in fact my fathers brother, therefore my uncle that is in residence. Does this affect your reply.

Expert:  Thomas replied 1 year ago.
Hi,

No, the advice still stands unamended.

Please remember to rate my answer.

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6444
Experience: BA (Hons), PgDip, Practising Solicitor
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