Legal Advice Needed-Dispute Over Late Mothers House

dancingfairy

What a horrid situation for you. It's not something most people would be clued up enough to deal with (and thankfully most people never have to).
Do you have a community legal centre? i'm wondering if domestic abuse charities might give some insight as to have to proceed on this as well given the history (I can understand why you are wary)? Another thought would be to see if you have a college/uni nearby with students studying law who might be prepared to help - maybe give you some pointers, act as an advocate(or help you find one) or help with translating what other solicitors are saying into laymans terms?
You could try the police - if they can point you in the direction of solicitors etc?
Did you mother have a social worker or anything before she died - perhaps they can help? or know someone who can?
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GDB2222

G_M wrote: »

Errr....

Wait till he goes out?

Yes, that's a possibility. But she needs careful advice, as possibly it's breaking and entering, and anyway then she needs to stay there indefinitely, so he can't get back in. Even then, it doesn't sort out the main issue, which is that the property needs to be sold.

Yorkie1

Sorry GDB2222 but you are not correct. You have misquoted amd misapplied the section of the 1977 Act. Here is the correct text:

6 Violence for securing entry.E+W
(1)Subject to the following provisions of this section, any person who, without lawful authority, uses or threatens violence for the purpose of securing entry into any premises for himself or for any other person is guilty of an offence, provided that—
(a)there is someone present on those premises at the time who is opposed to the entry which the violence is intended to secure; and
(b)the person using or threatening the violence knows that that is the case.

I've highlighted the relevant part for these purposes. The OP and brother have lawful authority as they are joint owners of the house.

This backed up by the following subsections:

(1A)Subsection (1) above does not apply to a person who is a displaced residential occupier or a protected intending occupier of the premises in question or who is acting on behalf of such an occupier; and if the accused adduces sufficient evidence that he was, or was acting on behalf of, such an occupier he shall be presumed to be, or to be acting on behalf of, such an occupier unless the contrary is proved by the prosecution.]

(2)Subject to subsection (1A) above, the fact that a person has any interest in or right to possession or occupation of any premises shall not for the purposes of subsection (1) above constitute lawful authority for the use or threat of violence by him or anyone else for the purpose of securing his entry into those premises.

GDB2222

So, on your interpretation, any owner has lawful authority?

Scully38

Not much advice really, just to say hang in on there. I've had trouble with my sister for the last two years now only finally getting rid of her. She didn't abuse mom, but hurt my mom a lot, took a lot of money from her, demanded more money in her inheritance, beat me up when she didn't get her way, so I know how you feel.

The only thing I can suggest is that you go see a solicitor they do hae free half hours, and during that time, make sure you and your brother have written down all the questions you need to ask and write them down as (s)he answers, so you won't forget. There are also some sols, that will work for you pro-bono (free) or at a small percentage of what the house is worth. You just need a regular solicitor who has experience in dealing with famil law and probate, you an either find them from citizens advice or look on the internet for sols. in your area, look partiularly at their speciality.

It's never easy, stand your ground and go and see your brother one last time to see if you can work things out without resorting to going to court. If it doesn't work, try writing to him, keep a copy and try and outline a plan of action, at least you can then show the court that you have ontinued to be reasonable throughout.

And good luck

Alter_ego

DebbsUK wrote: »

whats a badff?

I think it's just that the d key is next to the f key

Jeffrey_Shaw

GDB2222 wrote: »

So, on your interpretation, any owner has lawful authority?

Not necessarily. 'Owner' of legal estate is not always 'owner' of a beneficial [equitable] interest; and a trustee owner is duty-bound to comply with lawful requests of beneficiaries. After al, it's on their behalf that the trustee holds.

DebbsUK

Thank you to everyone for all your advice. I think the best course of action would be to get some legal advice as suggested. At least now I have some insight as to what could/should happen, thanks again.