Codicil query

JacciD

My Mum passed 11 years ago and she had put a codicil on her will, it states that my Brother can live in The house that she left to the two of us until he finds alternative accommodation.  It also states he has to maintain and insure it.  

He will not look to move and he neither maintains or insures it.  Is there anything I can do?  He gets to live rent free whilst I struggle on.

Marcon

JacciD said:

My Mum passed 11 years ago and she had put a codicil on her will, it states that my Brother can live in The house that she left to the two of us until he finds alternative accommodation.  It also states he has to maintain and insure it.  

He will not look to move and he neither maintains or insures it.  Is there anything I can do?  He gets to live rent free whilst I struggle on.

Given you've done nothing for 11 years, it's a bit hard to see why your brother had any incentive to do anything - which is probably why he hasn't. 

If the will doesn't stipulate that he has to look for alternative accommodation, then there's unlikely to be anything much you can do to evict him, especially given the length of time which has elapsed.

Have a word with a solicitor - much will depend on the exact wording of the codicil.

user1977

If the house was left to you and your brother then what's the purpose of the codicil? Not sure why he needs to find alternative accommodation (or why his residence is more "rent free" than yours)?

p00hsticks

user1977 said:

If the house was left to you and your brother then what's the purpose of the codicil? 

Presumably to prevent the house from being immediately sold from under him ?

user1977 said:

If the house was left to you and your brother then what's the purpose of the codicil? Not sure why he needs to find alternative accommodation (or why his residence is more "rent free" than yours)?

My reading of it that the OP is not living in the property themselves, so is (again presumably) paying rent or a mortgage elsewhere, and unable to realise the cash value of their share of their inheritance while the brother remains living in the property and preventing it from being sold...

Flugelhorn

is somebody insuring it? 

user1977

Presumably the executors can deduct the maintenance and insurance costs from his (eventual) share.

JacciD

we are both executors of the will and no insurance is in place.  I do not live there I have my own home.  I did not see the point of the codicil but this is the situation I am in.

EasySolution

Have you shown this Codicil to a professional.?

If it was homemade it might be defective from a technical perspective.

JacciD

The Codicil was done by a solicitor and I have been to get legal advice when she first passed but it is so expensive I cannot go again, just wondered if anyone else had any knowledge on this type of problem.