Evicting distant relation after probate

househuntingmad

Have you tried tricking her into leaving the property then changing all the locks while she's out?

Keep_pedalling

househuntingmad wrote: »

Have you tried tricking her into leaving the property then changing all the locks while she's out?

That would be a very stupid thing to do.

davemorton

Im sorry but all this talk about getting her out so one way or another is horrible. True, I dont know the circumstances, but deceased obviously (by the sounds of it for the pedantic among us) cared for the person left in the house, and (again) by the sounds of it, wanted to know that they had somewhere to live. But no, greed takes over (not directed at the OP, but at people baying to get her out). Just my views, and I know not everyone will agree with them.
Hopefully the deceased will have had a decent will drawn up, and her wishes, whatever they were, will be followed to the letter.

-taff

davemorton wrote: »

Im sorry but all this talk about getting her out so one way or another is horrible. True, I dont know the circumstances....

If you had read the intitial post you will see the person living there already has a house in a different part of the country,

davemorton

-taff wrote: »

If you had read the intitial post you will see the person living there already has a house in a different part of the country,

I have read the first post, but that does not change what possibly were the wishes from the deceased.

nic_c

davemorton wrote: »

Im sorry but all this talk about getting her out so one way or another is horrible. True, I dont know the circumstances, but deceased obviously (by the sounds of it for the pedantic among us) cared for the person left in the house, and (again) by the sounds of it, wanted to know that they had somewhere to live. But no, greed takes over (not directed at the OP, but at people baying to get her out). Just my views, and I know not everyone will agree with them.
Hopefully the deceased will have had a decent will drawn up, and her wishes, whatever they were, will be followed to the letter.

The deceased wanted her grandson to inherit her house, its what she told everyone when she was alive, and indeed the Will says he gets the title, absolute. It could be seen as horrible, if it wasn't for the fact the relative wants the grandson to leave, and rent his own place. He has been left a house in a Will that he, and the whole family, knew would be his, yet he is faced with the prospect of having to find a flat or house share 20 or so miles from the area where he currently lives/works because that's all he will be able to afford.

So its not about greed, at all.

moneyistooshorttomention

DandelionPatrol wrote: »

Indeed. It is very convenient that you have access to the will - please post the relevant text which explains the Deceased's wishes.

It is perfectly possible the deceased has basically been a bit naïve.

Time was years back (ie when I took lodgers in) and I made out a Will that I put a provision in it that they should be allowed to stay until they had found somewhere else to move to that would suit them.

I know...I know....how blimmin' naïve can you be?...and those were only lodgers forgawdsake.

You live and learn.....

So - I can well understand how the deceased has, very likely, been similarly well-intentioned and as naïve as they darn well come about possible consequences....It happens...it happens..

Hence none of us can guess whether this woman was a "companion" (ie very dear friend) or the deceased was as spectacularly naïve as some of the rest of us have been in the past....

nic_c

DandelionPatrol wrote: »

Indeed. It is very convenient that you have access to the will - please post the relevant text which explains the Deceased's wishes.

Is this sarcasm? I hadn't read the will when starting this thread, but knew the situation. I had started it wanting information to help my partner who had the prospect of seeing her son homeless. I then asked for the will, so as to be able to clarify the points.

Keep_pedalling

nic_c wrote: »

The deceased wanted her grandson to inherit her house, its what she told everyone when she was alive, and indeed the Will says he gets the title, absolute. It could be seen as horrible, if it wasn't for the fact the relative wants the grandson to leave, and rent his own place. He has been left a house in a Will that he, and the whole family, knew would be his, yet he is faced with the prospect of having to find a flat or house share 20 or so miles from the area where he currently lives/works because that's all he will be able to afford.

So its not about greed, at all.

Really the only way forward here is to take legal advice. If this was a DIY will then trying to save a few hundred quid on getting a professional to draw it up may prove very costly indeed. If it was professional drawn up then you need in the first instance to go back to the person who drew it up, if they have screwed up then you have some comeback on them.

The wording around allowing this woman to stay is crucial and only you know that, the posters here are reading between the lines and are probably coming up with the wrong conclusions.

moneyistooshorttomention

Keep_pedalling wrote: »

Really the only way forward here is to take legal advice. If this was a DIY will then trying to save a few hundred quid on getting a professional to draw it up may prove very costly indeed. If it was professional drawn up then you need in the first instance to go back to the person who drew it up, if they have screwed up then you have some comeback on them.

The wording around allowing this woman to stay is crucial and only you know that, the posters here are reading between the lines and are probably coming up with the wrong conclusions.

Actually - there are no guarantees that even a "professional" Will drawn up by solicitors really will be carefully worded.

I have just witnessed this very recently. A friend of mine said she was planning to find a solicitor to draw up a new Will for her and I told her, very specifically, which local solicitor not to use for this (ie because I had seen just how spectacularly bad they had been for someone else on a very different matter). They had managed to make two different very obvious errors on something a standard "grammar school kid" wouldn't have done and I admit to being gobsmacked at just how incompetent they were (thank gawd they weren't MY solicitor!).

Friend got confused as to which solicitor I told her not to use and did use Messrs Dumbo and Muck It Up firm of solicitors and, sure enough, they managed to muck up a bog-standard dead simple Will for her:cool:

You DO have to choose your solicitors with care, as some of them are so spectacularly bad that even the average, reasonably-educated layperson can manage to do better than them. But, having said that, I still think OP should seek out a (decent quality) firm of solicitors. Asking around is distinctly advisable as to which ones to choose.