Need to sell Father's house, brother won't vacate.

HB58

My Father died a few months ago and I am executer of the estate. Probate has been granted and I have the house on the market. The estate will be distributed equally between my sister,brother and me.

The problem is that my brother was lodging with Dad when he died and isn't making any effort to find anywhere else to live.

If he continues to stay put, what are my options (brother can't afford to buy us out)?

theartfullodger

Who else is executor??

Do you wish to remain on half-decent terms with brother, as evicting him will probably mean he never speaks to you again.. (except in a manner you would not wish...).

Does brother pay rent?? Does he have any sort of written tenancy??

xylophone

I'd be very surprised if the brother had any formal tenancy agreement - he was just living with father who has left him either a third of the house or a third of the sale value, depending on the terms of the will.

It may be that the executor's hand is stronger if the will directs that the house is to be sold - he then has the legal authority to do just that and presumably could evict the brother?

If the brother has been left a third interest in the house,and proves obdurate about wanting to live there, the executor might need to get an order for sale from the court?

HB58

I am sole executor.

No, brother has never paid rent (I have been careful not to charge any as I don't want to establish a tenancy!) There is no written agreement.

We have never been close, at the moment I don't care if we never speak to each other again!

ps The will states that the house is to be sold and the estate divided equally between the beneficiaries.

lonestar1

Would your Dad want you to evict him ?

Couple of years ago when I was living with parents they offered to write a clause into their wills that if they passed away the house couldn't be sold while I lived there.

I declined their kind offer as I felt if close family wanted my out I'd be only too happy to find somewhere else and be better of for knowing how little family meant to them

xylophone

Then it would seem that you have a strong hand?

You might advise your brother that the house is to be sold as your father's will directs, and that if you need to take legal advice or incur any expense in seeking eviction, the costs incurred will be deducted from his share?

xylophone

Couple of years ago when I was living with parents they offered to write a clause into their wills that if they passed away the house couldn't be sold while I lived there.

Father could have granted an interest in possession but chose not to - it is not as though the brother will be left destitute?

It may be that the resident brother's siblings have a need/use for their father's legacy and it is unreasonable of him not to cooperate with the executor who wishes to carry out the testator's wishes?

Fireflyaway

Does your brother work - can he afford to pay rent etc? If he knows he is going to get a third of the money from the house, that might reassure him that he will be able to find another place. I'm guessing you would already have explained that though....

I suppose if he doesn't go then you will have to evict him ( would he be classed as a squatter? ) but as others say, that's not going to be nice.

jules888

Might put would be buyers off as well that brother doesnt want to move out.

getmore4less

As occupier he should be responsible for all utilities and council tax.

Make sure you have readings from DOD and the dads accounts closed.

If he goes out there is always the option to secure the property although that may be a step further than you want to go.

PasturesNew

He's probably waiting until you've a buyer before looking for somewhere else to live. No point paying rent if the house doesn't sell for a few months.