Evicting distant relation after probate

Cheeky_Monkey

Oh dear. It would seem that the Will was very badly written as it could be 20 years before she 'moves'.

Maybe the Grandson should move his mates in and make her life uncomfortable to the point where she wants to move back into her own house!

Other than that, I imagine he will just have to wait for her to pop her clogs because selling it is definitely not going to happen all the time she lives there.

getmore4less

Looks like they got a life interest, need legal advice if that provide exclusive occupation.

I would also look carfully at the maintenance requirement they should be covered.

When was the will done and was this done by a solicitor

Might have left it to late to dispute

Thrugelmir

nic_c wrote: »

What brought this to a head is he was told, wasn't it about time he found his own place and move out!

Whose fault was that?

moneyistooshorttomention

Oh dear - what a cheeky madam for her to try and throw out the "real" owner of the house (ie her grandson).

I can imagine relations aren't too good all round then presumably?

Has that all queered the pitch for you to make a proposal to her (or, to be more accurate, for the "real owner" to do so) that she sell her house and use the proceeds to buy this house off grandson?

Is there enough equity in her own house to be able to do this? Or are "daggers drawn" to such an extent that the grandson isn't prepared to tolerate the idea of selling his house to her? Obviously that suggestion wouldn't apply anyway if the grandson likes his house and wants to keep that particular house (ie rather than spending the money tied-up in it to buy another house instead of this particular one...

EDIT; If it isn't a possibility to sell grandsons house to her - then I guess grandson will just have to take over using his house as his "home" - complete with black paint on the walls throughout his house (except her bedroom)/heavy metal music/etc (whatever matches with his taste/lifestyle). If she doesn't like it - then its up to her to move out back to her own house. I doubt there is any legal penalties possible for treating your own home as your own home (even if someone else is squatting in it). She will doubtless be playing all sorts of Mind Games with him to try to psych him out of doing so - and he will have to be strong to withstand them. But it IS his right to live in his own home and to treat his own home the way he decides to.

xylophone

The Will says she can live there until she moves, then the absolute title passes to the grandson.

I would suggest that you clarify the matter with a solicitor expert in wills and trusts http://www.step.org/member-directory
who will read the will and explain the implications.

What you have said indicates that an interest in possession trust may have been created.

http://www.hmrc.gov.uk/manuals/ihtmanual/IHTM16061.htm

davemorton

I am sure the wishes of the deceased were that this person should be able to end their years in there home in comfort, and THEN the son get the house. Perhaps the wishes of the deceased should be respected a little.

getmore4less

moneyistooshorttomention wrote: »

Oh dear - what a cheeky madam for her to try and throw out the "real" owner of the house (ie her grandson).
.

if what has been said about the will is correct, then he only has a benificial interest while the lady lives there and no right to kick her out.

He may not even have a right to live there.

The executor may have failed to make the consiquences of the will clear to the benificiares, that includes the lady and the GS.

Mojisola

nic_c wrote: »

The 2 children of the deceased named as proprietors

If the children of the deceased are the house owners, then the property can't have been left to anyone in the will - it didn't belong to the deceased.

PixelPound

The inference behind the will was to allow time for this relation to move out, a premature death has meant it's come into force sooner than expected.

If she has the right to stay, can she dictate the grandson moves out, as she is trying, or change the locks when he is at work, which she has hinted at. She is a control freak. She has also said my partner and her brother, the legal owners in trust, cannot visit. So it's a case of finding out if she can demand the grandson leaves, as we've stayed away to try and placate things, but it's not ideal.

PixelPound

Mojisola wrote: »

If the children of the deceased are the house owners, then the property can't have been left to anyone in the will - it didn't belong to the deceased.

They are owners after probate.