Can my friend claim this house?

norainbows

The situation has been solved now, thanks to everyone for their help.

comeandgo

Your message is so confusing.  Is this “friend” really you as your story changes from her to me.

Slithery

norainbows said:

My friends neighbours house has been empty since feb 2011 when he died.

...or if I could buy if off the council  & therefore make my own house safer by knowing next door wasn’t doing mine any more damage.

So are you and your friend the same person, or do you just live on opposite sides?

There are strict rules for who inherits when someone dies intestate, how much effort has been put into finding the legal heirs?

The council will never be the owners of the property, even if all other avenues have been exhausted - it passes to the Crown.

I suggest that you read...

https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

Also this isn't really a housing issue, you will probably get better answers posting this on the probate board...

https://forums.moneysavingexpert.com/categories/deaths-funerals-probate

Thrugelmir

With no living relatives the entire estate goes to the Crown. Was anybody notified of the neighbours passing? 

babyblade41

As above once all legal avenues have gone through then passes straight to the crown... At some point I expect heir hunters will pick up on it to try and locate any living relatives no matter how distant 

user1977

norainbows said:

My friends neighbours house has been empty since feb 2011 when he died.

It has been empty for 20 years now

Eh? You don't know whether it's 10 years or 20 years, but in any event why has nobody done anything about it so far? Did your "friend" think somebody else would be dealing with the estate?

FreeBear

If there is no will, then the rules of intestate apply. If no living relatives can be identified, the estate is posted on the Bona Vacantia list, then eventually goes to the crown.

Your "friend", in the absence of a valid will, will have no claim on the property either in law or morally.

andy444

Why has the place been left vacant for ten (or twenty) years?

Also, your friend could claim anything was said whilst he was on his death bed, so unless there was anything in writing, she has no automatic legal claim for the house.

sevenhills

norainbows said:

My friends neighbours house has been empty since feb 2011 when he died.  She was his next of kin as far as the hospital was concerned & she was with him (holding his hand) when he died & but for another 24 hours when I would have got him a solicitor, he died intestate. He thought of her as his stepdaughter, that he would have willed her the house.  She was the one who registered his death & she holds the keys.

It has been empty for 20 years now & is becoming more & more in disrepair & is possibly causing damage to her own house.

I assume there was a funeral, organised by your friend?

tealady

Does the Council have an "empty properties" team. If they do bring the property to their attention and let them deal with it.

AdrianC

andy444 said:

Why has the place been left vacant for ten (or twenty) years?

Also, your friend could claim anything was said whilst he was on his death bed, so unless there was anything in writing, she has no automatic legal claim for the house.

Add in debts for unpaid council tax etc...

There may be an adverse possession claim, but it's unlikely due to the relationship between the two and the intestacy laws. This is definitely getting into paid professional legal advice territory.