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senior partner
senior partner, Solicitor
Category: UK Property Law
Satisfied Customers: 13325
Experience:  30 years commercial law
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Hello, just to recap.My mother asked my brother to move in

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Hello, just to recap.
My mother asked my brother to move in with her when our father died.
It is a house that she owns.
My brother has lived with my mother for over twenty years.
He has paid for some items in the house such as fitted wardrobes.
He lives with her rent free but pays some of the bills.
Myself he and our younger brother all have equal shares in her estate when she dies.
My understanding is at this point you have advised me that he is classed as an
Excluded Occupier.
I have since discovered that my mother wants to put it in her will for him to be allowed to live in the house rent for a further two years.
At the end of the two years will he still be classified as an Excluded Occupier.
Thank you for your question. An excluded occupier is someone who shares common facilities with their landlord e.g. a lodger. Your brother would not be an excluded occupier as he would have exclusive possession. His position would be no different in fact if he did not have a right to continue if he was n fact in occupation after your mother's death. If you wanted to force him out you would need a court order in any case.

If the property is left in trust to be sold in due course then it should of course be resold but if he refuses to leave the trustees would need to get a court order to evict him.

Customer: replied 3 years ago.

Am I right in assuming we can still obtain a court order to evict him, even though he owns a share in the property?


Is it possible we can agree for him to stay there free of charge but under licence for two years and would this help us if we ask him to leave?

If the property is left on trust for sale then yes you can obtain a court order to evict him an force a sale.

It makes no difference whether you agree a licence or not you although if there was an agreement it might put moral pressure on him
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Customer: replied 3 years ago.

If the property is left on trust for sale can the trusties delay the sale of the property for two years?

If the will provides for your brother to live in the property for two years yes. If it just leaves the property to the beneficiaries then no the trustees should sell unless all the beneficiaries agree to hold the property.
senior partner and other UK Property Law Specialists are ready to help you