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They refuse to leave


Petenkelly
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Ok not sure I have the right forum, but I couldn't see where else to put this. My dad died a few years ago and me and my half brother were left everything in the will. Now, the will was never found (I'm pretty sure my dad's partner at the time found it and made sure it was never seen) now, before my dad died, him and his partner were living apart, but not long after the death, his partner and my half. Brother moved in without consulting me, there was a verbal agreement at the time that when my half brother reached 18, the property would be sold and myself and my half brother would split 50/50. Now he is 18, and my dad's ex will not move out to let anyone value e property at all. She really is making things as difficult as possible when I really have been amicable in everything. I don't think I have been unreasonable. When the property could have been rented out and we would have both profited from that....this was flatly refused at the time as well. What rights do I have and can I have someone value the property even when she refuses to let anyone in?? Any help appreciated as this is really beginning to drain is now and we don't know where to turn.

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You need proper legal advice on this as you will almost certainly have to go through the courts to resolve this.

 

If you can't afford to pay a solicitor and don't qualify for legal aid, you may be able to find one that will offer a free initial interview. Alternatively, see if there is a law centre in your area.

RMW

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Youve had good advice already. You really need specialist legal advice here, and thats something we just cant give :(

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Sorry really madwoman . I didn't mean to sound ungrateful, I just wondered if there was anyone who may have some knowledge of this area. As far as I know, we are on the land registry as the new owners. I will have to double check, I'm working so not entitled to free legal advice and my dad's partner has never worked, I assume she's not entitled to legal aid for this as it's not criminal?? Would seem very unfair if that were not the case as I would be penalised for working and they jus helped themselves and moved in.

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I would reiterate that you need proper legal advice. Even if a forum member were prepared to comment on your situation, given the potentially serious ramifications, it would be very unwise to rely on advice given on a consumer forum in this case.

 

If you can't afford a solicitor you could try Citizen's Advice who may be able to direct you to a law centre or similar.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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It's a long shot but you could try phoning around the local solicitors to see if they have a copy of your fathers will.

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There are a few different aspects to this:

 

  • You say you and your half brother were left shares in the will. Do you know who wrote it or where it came from? It may be possible to track down a copy. Refer to https://www.gov.uk/find-persons-will.
  • Do you know who was granted probate? Who dealt with the estate? In whose names is the house registered?
  • Was your Dad married to his Partner? If his estate was dealt with under intestacy then the married ex-partner would be entitled to a significant chunk of the estate, with you and your half-brother sharing the rest.
  • A verbal agreement about who owns the property is likely not enforceable, agreements about interests in land must be in signed writing.

Its not possible to give any clear answers to this unless you do some more digging to find out what happened with probate and who is registered as owner of the property.

Are you trying to kick out an 18 year old just because they have turned 18?

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  • 2 months later...
There are a few different aspects to this:

 

  • You say you and your half brother were left shares in the will. Do you know who wrote it or where it came from? It may be possible to track down a copy. Refer to https://www.gov.uk/find-persons-will.
  • Do you know who was granted probate? Who dealt with the estate? In whose names is the house registered?
  • Was your Dad married to his Partner? If his estate was dealt with under intestacy then the married ex-partner would be entitled to a significant chunk of the estate, with you and your half-brother sharing the rest.
  • A verbal agreement about who owns the property is likely not enforceable, agreements about interests in land must be in signed writing.

Its not possible to give any clear answers to this unless you do some more digging to find out what happened with probate and who is registered as owner of the property.

Are you trying to kick out an 18 year old just because they have turned 18?

 

Hi sorry for the late reply, (family and work)

 

Firstly, there was a will. But mysteriously that has vanished. So the names in the will were myself and my half brother.

They werent married, they were seperated and not living together. She moved in the day after my dad passed without asking me.

And ive tried to be fair in every way, its been ten years, ive suggested everything so that this can be settled amicably yet she will not let anyone near the property. Surely this isnt right, i own half the property. So no im not trying to kick out an 18 year old (hes 20 now) and the executor of the will is still his mum and has not been changed to my half brothers. After speaking with the solicitor that is dealing with the estate they will send out the paper work for myself and her to sign so that the property will be changed to our names. But have also informed me that she can refuse to sign it. Suerly this cant be right.

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This is a difficult case. I assume the house is registered in the name of the executor. Your claim to own half of the property seems to be based on (1) a will which cannot be found or (2) a verbal agreement which happened more than 10 years ago. You would struggle to prove the first point in a court room unless you have decent evidence of what the will said. The verbal agreement will be unenforceable in principle as agreements relating to land must be in writing.

 

The first thing to check is how the solicitor is dealing with the estate and on what basis. What does the solicitor think the terms of the will are? You need to think about what exactly the paperwork says and what it is meant to achieve.

 

The executor has a responsibility to carry out the terms of the will. If it is what the will stated, the house should have been put into the names of its correct owners 10 years ago. If the executor refuses to cooperate you would need to bring a court claim against her. That would be very difficult if you have no proof of the terms of the will.

 

You really must make every effort to track down a copy of the will. As per the link I posted it may have been filed with the authorities. If your Dad used solicitora they may have a copy.

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Hi

 

The solicitor said that if no will is found, then the estate immediately goes to myself and my half brother. That was not in question according to them, as we are my fathers direct offspring. Im assuming the will was never submitted anywhere and was drawn up (he always said that his will was in a unit in the house for some reason) i believe the solicitors did try and trace a will but could not find one.

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That's right provided the partner was not married to your dad. Refer to http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

 

 

The bit I am struggling to get my head round is whether probate was granted and why it has taken 10 years for the executor to do anything. But I guess we are where we are.

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