how do I evict my sister

spacey2012

She is squatting in the property, as pointed out, the estate is in probate and nobody owns anything.
A relation has no more right to squat a property than some random person has.
No signed tenancy, not paying rent so no assumed contract, the executor has sole responsibility for the asset until it is distributed.
The executor can have the sister removed as a squatter by the police, if she fails to leave upon instruction of the executor.

I would certainly have her out before distributing the estate and put the house up with immediate vacant possession taking offers from cash buyers only,all others at asking price or offers above.

mummyindistress

Thank you everyone for your helpful suggestions and comments - I think I've been wanting to avoid things getting legal but with all your support I am now going to speak to a solicitor and serve her notice to leave. Thank you

spacey2012

I would stops short of tenancy agreements and section 21 or you will have someone in the property for 12 months from date of signing, six months AST, s21 + bailiffs.
Why give her any excuse to stay.

She is squatting, if you have some compassion giver her a week to leave, if you have had enough, then have her removed for doing so, she can be out within the hour if she refuses to leave.

ValHaller

spacey2012 wrote: »

She is squatting in the property, as pointed out, the estate is in probate and nobody owns anything.
A relation has no more right to squat a property than some random person has.
No signed tenancy, not paying rent so no assumed contract, the executor has sole responsibility for the asset until it is distributed.
The executor can have the sister removed as a squatter by the police, if she fails to leave upon instruction of the executor.

I would certainly have her out before distributing the estate and put the house up with immediate vacant possession taking offers from cash buyers only,all others at asking price or offers above.

Spacey, who knows what she is? She moved in with the permission of the administrator. So if it comes to getting her out,the first legal argument is about what her status is. Whatever legal process OP takes, OP has to start by coming to some sort of decision over whether she is a squatter, an excluded occupier or whatever. Which opens the way for the sister to argue she is something else. That could easily put 6 months on the process and a lot of expense.

OP would be foolish to take your advice at face value, decide the sister is a squatter and get the police to heave her out - it could turn nasty and expensive.

spacey2012 wrote: »

I would stops short of tenancy agreements and section 21 or you will have someone in the property for 12 months from date of signing, six months AST, s21 + bailiffs.
Why give her any excuse to stay.

She is squatting, if you have some compassion giver her a week to leave, if you have had enough, then have her removed for doing so, she can be out within the hour if she refuses to leave.

The disadvantage is a 6 month delay. The advantage is that there is no debate about the sister's status and the repossession will be on well worn ground.

dancingfairy

the trouble is none of us know enough to be sure whether she is a tenant or not, or if they do know they can't prove they are legally competent. IF it turns out the sister is a tenant then the other sister could end up in legal minefield by getting it wrong.
Far better to go through a solicitor and do it by the book (although it may be expensive ).
df

Wyre

dancingfairy wrote: »

the trouble is none of us know enough to be sure whether she is a tenant or not, or if they do know they can't prove they are legally competent. IF it turns out the sister is a tenant then the other sister could end up in legal minefield by getting it wrong.
Far better to go through a solicitor and do it by the book (although it may be expensive ).
df

My bolding - maybe this is the bit that needs pointing out to the sister as all legal bills come out of the estate before paying out to the beneficiaries, meaning they all get less in the end. If she really is out to get as much as she can, then this could ring alarm bells for her.

DKLS

Is it feasible to meet all 3 sisters somewhere neutral and discuss and agree what needs to be done and by when. Got to be worth a go before solicitors bills start eating into the inheritance.

ValHaller

Wyre wrote: »

My bolding - maybe this is the bit that needs pointing out to the sister as all legal bills come out of the estate before paying out to the beneficiaries, meaning they all get less in the end. If she really is out to get as much as she can, then this could ring alarm bells for her.

Take it to court and go for costs, which are likely to be awarded. That way the sister can pay the whole lot out of her share.

xylophone

http://www.death-duties.co.uk/content/executors-and-administrators

"If there is no will
If there is no will, or the will is invalid then Letters of Administration (also known as a Grant of Representation) will probably be needed to give you the authority to deal with the estate. Letters of Administration will not be needed in some circumstances. See Applying for Probate. Unlike an executor, a personal representative who intends to apply for a Grant of Administration only owns the estate once the Grant has been issued and has no authority to act until then. A potential administrator should not, for example, advertise a property for sale before the Grant has been issued."

I saw the above - under all the circumstances, it would be best to see a solicitor as soon as possible rather than let the matter fester?

mummyindistress

Thank you to everyone - as you have all been so helpful I wondered if an update may be of interest?

Firstly, I have the grant of representation and am the sole estate administrator. It is my duty to divide the final estate value (minus estate costs) between the three beneficiaries (my two sisters and I). When it comes to the house sale, only I am able to legally arrange for the sale.

I have now spoken to a solicitor who informs me that the sister currently has no right of occupancy and, as there is not formal tenancy agrement in place, I am at liberty to expect her to move out at any date I specify. If she fails to, I can go to the court and seek an eviction order and that the outcome is that the court is likely to award costs against my sister who failed to move out.

Obviously anyone can enter a property and become a squatter - however this is a crime. My sister's past jobs have been those where DBS checks (new name for CRB) are required so I doubt she would go down that path as she would be rendering herself unemployable for the near future.

I also have the right to access the property on estate business and do not require her permission or presence to do so, nor do I need to give notice (although I believe it courteous). With this in mind I arranged for two estate agents to value the property and provided her with 48 hours notice. She came up with every reason for me not to go in and insisted she be there (but couldn't do the time I'd arranged with the agents). When I said I needed to go in at that time and didn't need her permission she said she'd leave her dog there (whom, she said, is liable to attack) and that I would probably steal from her (intimating she would accuse me of such if I dared go in). I had no choice but to cancel the agents as this presented an impossible bind.

I am now forced to send her notification to leave and have provided her with several weeks notice (to be reasonable to my nieces and nephews, especially given christmas). No doubt fireworks will ensue. I suspect this is the end of our relationship, which feels a shame but has become unavoidable.