Can they evict

jankaan

My dad has lived with his partner for 29 years in her home. He is 87.  She has just died and no provision has been set for him to remain in the house in her will. How quickly can her children evict him

Snookie12cat

jankaan said:

My dad has lived with his partner for 29 years in her home. He is 87.  She has just died and no provision has been set for him to remain in the house in her will. How quickly can her children evict him

I suppose he can contest the will if she has left nothing too him? 
Otherwise, how much do her children hate him? I cannot imagine evicting an 87 year old just go get some money sooner😔

elsien

He needs to take proper legal advice. In some circumstances he may be able to challenge the will if reasonable provision hasn’t been made for him, but he may not want the stress and cost of doing that.
 

Having said that, would he be wanting to stay there anyway given the option, or take the opportunity to live somewhere else - somewhere like sheltered housing where he might be able to stay more independent for longer?

Does he have a good relationship with the beneficiaries of the will? If probate is needed before selling (if that is what they need to do) then that isn’t a quick process. They might be happy for there to be someone there looking after the property in the short term.  

If he can talk to them about potential time scales to give him the chance to look elsewhere/decide what he wants to do then that would be preferable. A move  by mutual consent is always going to be the better option. 

This needs the bigger picture before he can make any decisions, such as what he’s paid into the house over the years, etc. Hence the legal advice. 

getmore4less

Some things to think about.

Does he have a claim to a beneficial interest

Does he have a claim to have a right to reside (life interest)

Can he afford to live there and be responsible for all maintenance

Does he want to live there

Will the beneficiaries want him out

GDB2222

He definitely needs to make a claim, and he needs to get a move on as there are extremely short time limits for doing that.  On the bare facts outlined, he very likely has a valid claim.

See https://www.hughjames.com/service/contested-wills-trusts-and-estates/inheritance-act-claims

Hopefully, an agreement can be struck with the children without a court case, but the best way to ensure that happens is to get a solicitor on board NOW!  

canaldumidi

As suggested above, he may well have protection from eviction, but he needs urgent legal advice. A local solicitor specialising in property law, and/or wills and probate, and possibly matrimonial matters (as property rights often arise in matrimonial disputes).

That is the best advice a forum like this can offer in a case like this.