Rights of a part-owner/occupier after death?

Vande

Hello,
My grandmother has just died, around 10 months after my dad.  My dad was her eldest son.  Her will specifies that her assets are to be split equally between her 5 sons.
The third son has never moved out of home, and looked after my nan for almost 20 years after her husband's death until he was told by social workers that she needed to go into a care home after my dad's death.
My dad wanted his brother to stay in the family home for the rest of his life.  However the other three brothers want him out so they can sell the house.
Does my uncle have any rights at all as a sitting tenant?  Or is the will sacrosanct and to be acted upon immediately and without clause?
If this is the case will my uncle become automatically homeless or will there be any other help available to him as a man in his 60s?
I know this is complicated, and I hope I have explained it well, as I didn't feel like typing it at this time, but it is rather urgent giving the possibility of someone being without a roof over their head.
Thanks in advance.

xylophone

Her will specifies that her assets are to be split equally between her 5 sons.

If  her will has not granted him an interest in possession and the other beneficiaries (which will now include you/your siblings as  the testator's deceased son's direct heirs)

https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084

are unwilling to vary the will to grant him an interest in possession, then he has no right as against the other beneficiaries to remain in the property.

In view of his age and the fact that he could be rendered homeless, I would suggest that he contacts his Local Authority/Local Housing Association/ rented housing for older adults scheme to explain his situation and explore the  possibilities.

Keep_pedalling

3 of your uncles have let you other uncle carry the burden of caring for their mother for decades and are already rubbing their hands at getting their hands on their unearned inheritance at the earliest opportunity regardless of the cost to their brother. By living in the house he has also made sure they get their full wake as it was never sold to pay for residential care.

Unfortunately you GM never provided him with a life interest in her will, so regardless of anyone’s wishes the house will need to be sold so the estate can be distributed.  Who are the e executors?

bouicca21

Did the uncle ever contribute financially to the house?

elsien

Also bear in mind that the will being acted on immediately may not be a quick process. Even when the house is put up for sale it’s likely to be months rather than weeks for a sale to go through.
He has some time to grieve and to consider his options. He can’t just be put out on the street.
The suggestion of talking to the council about older people’s housing is a good one. 

naedanger

I suggest your uncle speaks to Shelter before taking any action. While I believe he has no right to live there I think he should be careful to ensure he isn't seen as having moved out voluntarily. (Also the council's interests may not totally align with his own.)

gettingtheresometime

Keep_pedalling said:

3 of your uncles have let you other uncle carry the burden of caring for their mother for decades and are already rubbing their hands at getting their hands on their unearned inheritance at the earliest opportunity regardless of the cost to their brother. By living in the house he has also made sure they get their full wake as it was never sold to pay for residential care.

Unfortunately you GM never provided him with a life interest in her will, so regardless of anyone’s wishes the house will need to be sold so the estate can be distributed.  Who are the e executors?

 That's a little unfair as we don't know the circumstances of why the brother never left home.
Also, how long do you think the brothers should give him before selling the house - a year, 2 years, until he decides he doesn't want to live there any more by which time they could have died as well? Who'd be responsible for the property's upkeep?
OP as mentioned it would be worth contacting the LA as soon as possible - whilst he won't have to leave the house immediately, properties for the over 60s are rarer than hen's teeth as I'm finding out.

macman

It's not clear if your uncle is a tenant, sitting or otherwise. More likely an excluded occupier. 

xylophone

OP as mentioned it would be worth contacting the LA as soon as possible - whilst he won't have to leave the house immediately, properties for the over 60s are rarer than hen's teeth as I'm finding out.

At some point over the last year or so, there was a thread started by an elderly lady who (as I recollect) had lived with her sister for a number of years.

When her sister died, the property reverted to (I think) another relative and the elderly lady was very concerned as to her future.

She contacted the LA and found them very sympathetic to her situation and ready to assist although as things turned out, she was able to remain in the property she had been occupying.

gettingtheresometime

xylophone said:

OP as mentioned it would be worth contacting the LA as soon as possible - whilst he won't have to leave the house immediately, properties for the over 60s are rarer than hen's teeth as I'm finding out.

At some point over the last year or so, there was a thread started by an elderly lady who (as I recollect) had lived with her sister for a number of years.

When her sister died, the property reverted to (I think) another relative and the elderly lady was very concerned as to her future.

She contacted the LA and found them very sympathetic to her situation and ready to assist although as things turned out, she was able to remain in the property she had been occupying.

My parent's situation is different to what the OP's uncle finds himself in - they own their property but it's getting unsuitable for them. They've been on the register for years and it is literally a case of waiting for a suitable property to become vacant.

xylophone

My parent's situation is different to what the OP's uncle finds himself in - they own their property but it's getting unsuitable for them. They've been on the register for years and it is literally a case of waiting for a suitable property to become vacant.

I should think that the point is that they are not in urgent need and that if it came to it, some adaptations could be made to their property to help them cope.

That said, other posters have reported that family members have sold up and found a place in rented housing association/almshouse/sheltered housing schemes relatively quickly.

Presumably you have scouted round to see what may be available other than through the LA?

Example

https://www.abbeyfield.com/independent-living/

I knew a retired vicar and his wife who were very happy renting through Abbeyfield.