Evicting distant relation after probate

PixelPound

It does seem the relation has a life interest, I've pulled the relevant sections.

I GIVE my freehold property .... to my [RELATION] for her life or she vacates the said property. She is to pay all taxes and all other outgoings and keep the same in good repair. ... and after the death of [RELATION] I GIVE the same unto my Grandson [NAME] absolutely.

I GIVE DEVISE AND BEQUEATH to my trustees all my real and personal property not otherwise specifically disposed of upon trust for sale with the full power to postpone sale.

There is the question of her forbidding the trustees to visit (the deceased's possessions, like jewellery etc, are still in the house), and as the house is owned by trustees, the land registry deeds say that the relative should be given notice, of disposition (but cannot block it).

xylophone

Was the will drafted by a solicitor?

PixelPound

xylophone wrote: »

Was the will drafted by a solicitor?

Yes, but they have since been struck off.

xylophone

In your partner's position I would have this looked at by a STEP solicitor.

You would need an expert to look at it and indeed the relative might need to establish whether this is an immediate post death interest and the value of the life interest falls into her estate when she dies.

The wording of the will does not seem to leave anybody as Trustee of the house only of assets not otherwise specifically disposed of? The will seems to dispose of the house separately?

Was the grandson of age when the grandmother died?

moneyistooshorttomention

nic_c wrote: »

Yes, but they have since been struck off.

Well that establishes that then - ie it was a "Messrs Dumbo and Muck it Up" firm of solicitors then.

That will take a bit of "tactful" wording to a new solicitor to get them to help answer the necessary queries to sort out the mess Messrs Dumbo etc have left.

I don't know what STEP solicitors are? Worth investigating. Also worth making sure that the firm you go to are in a different town/city to where Messrs Dumbo firm were located (ie to make sure they aren't on the same "social circuit" as the incompetent firm was).

silvercar

I'm confused how the property can be owned by trustees and then left in a will as a "freehold property".

moneyistooshorttomention

silvercar wrote: »

I'm confused how the property can be owned by trustees and then left in a will as a "freehold property".

I would have said that "freehold property" means just the status of the house itself - ie its the freehold status houses are normally expected to be - rather than being "leasehold property", as a few houses are.

Cheeky_Monkey

It looks to me as if the Grandson doesn't own it at all, at least, not until the relation dies :eek:

PixelPound

Cheeky_Monkey wrote: »

It looks to me as if the Grandson doesn't own it at all, at least, not until the relation dies :eek:

Yes though neither does the relation, as stated in the deeds, the registered owners of the freehold are the children. Its whether a housing lawyer or a wills lawyer is needed. The death was 5 years ago, probate completed 3 years ago.

silvercar

nic_c wrote: »

Yes though neither does the relation, as stated in the deeds, the registered owners of the freehold are the children. Its whether a housing lawyer or a wills lawyer is needed. The death was 5 years ago, probate completed 3 years ago.

Seems the relation has the right to live there, and I would assume with that comes the right to say who else can live there. So grandson needs to wait his turn.

Doesn't matter if the registered owners are the trustees since the death, if the relative has the right to live there then that trumps grandson.