# laying claim to family home after 15 years



## Ozzie_man

My parents died 15 years ago and neither had a will. One brother was living at home at the time and continues to live there still. 

I intend to consult a solicitor but would like be a bit more informed so that I can ask them relevant questions.  So I am wondering:

1) I believe that myself and my 2 other brothers still have a right to claim our share of the house, even though that length of time has passed? Or does the brother have squatters rights now?

2) Would our share be based on the current value or the value at time of parents death? Note, one brother has done odd maintainence jobs on the house at his own expense, in case thats a factor.

3) We think the brother at home has had enough free accommodation should buy us out at this stage. If he is not willing, what is our recourse?

Thanks.


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## beffers

Your brother would have had squatters rights after 12 years. Do you know has he applied to have the house registered in his name using squatters rights? If he has, it is his. Nothing you can do. Unfortunately you should not have waited 15 years to get your share of the pie that would have been rightly yours upon your parents death, or at least come to an arrangement that suits all parties.


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## Ozzie_man

I think he may have started down that path, yes.   If he does attempt to have the house registered in his name under squatters rights, we can contest this under a right of inheritance though, or is this not the case?

Appreciate your reply, thanks.


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## beffers

You could contest it, but as he has passed the 12 year mark, and you have waited so long to make a claim, I would not be too confident of your success. Are there mitigating circumstances as to why you let him remain in the home without sorting out ownership rights? Is he in poor health now or then? Did he live at home, and take care of your parents while you and your siblings moved out and acquired your own homes? Was there land involved that he and he alone is farming? Or is he just a lazy sod who couldn't be bothered acquiring the means to buy his own home, and has nothing but a free ride these past 15 years? 

If you contest the case and win and & he can not afford to pay you your shares, the judge will issue an order for the house to be sold and you to get your equal share of the sale proceeds. Or he may give your brother a  bigger share as he now has to acquire/rent a new home to live in. Are you and your siblings ok with tossing him out of the home he has always lived in, if the house has to be sold to give you all your share? If you contest it, all of these matters will come into play. 

I would get legal advice as soon as possible if I were you. Some solicitors offer a once off free consultation where you'd be able to get some advice on your options and not be out of pocket. The Law Society could point you in the direction of a solicitor who specializes in Probate/Property/Inheiritance laws.


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## Yeahyeah

I believe it is slightly more complicated than this 12 year thing that everyone on AAM seems to quote  on a regular basis, (apart from our legal members that is), a little knowledge is a dangeous thing.


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## PaddyBloggit

care to elaborate?


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## Yeahyeah

Hi Paddy,
Well I cannot post the link as a new user, but after reading the OP I looked up the ISLR and found a paper by Dr OLeary about adverse possession. I thought adverse possession after twelve years means if the owner of the property does not want the occupier there, or the occupier was using it for a different purpose than it was intended. 
It seems to me that the other family members were happy for the brother to live there until now and the house is being used for it's original purpose, ie a family home. So therefore the brother should not have a claim?
I also wonder if the brother would be creating problems re inheritance for his own children when he himself passes?
As I said a little knowledge is a dangerous thing and OP really needs to go to his solicitor to get proper advice pertaining to his own personal situation. No offence was intended by the remark and I hope none was taken.


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## Padraigb

Here is the link: [broken link removed]

I agree with Yeahyeah that the matter is not necessarily decided on the basis of the facts that OP gives us.


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## monagt

If you are left out of a parents will, you can contest on the basis that your parents have failed to make adequate provision for you,  section 116 or 117 of the relevant act, afaik.
So you do have rights and the brother should settle and avoid all the legal fees.


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## huskerdu

monagt said:


> If you are left out of a parents will, you can contest on the basis that your parents have failed to make adequate provision for you,  section 116 or 117 of the relevant act, afaik.
> So you do have rights and the brother should settle and avoid all the legal fees.



As you can see from this legal report that I linked to recently, you have no absolute right to an inheritance in your parents will, and to make a claim that your parents did not make proper provision for you, you have to have a good reason - like a physical or mental disability.

[broken link removed]

Anyway, the OP has clearly stated that his parents left no will. The only point in dispute here is whether he can claim his share of his parents estate 12 years late.


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## monagt

"make a claim that your parents did not make proper provision for you, you have to have a good reason - like a physical or mental disability."

Nope, check with a solicitor.


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## Bronte

Why didn't you make a claim 14 years ago?  Can just imagine the mess the reopening of this will cause and for what.


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## j26

Your brother *may *have acquired title by adverse possession, the usual period being 12 years, but this is subject to variation.

To answer your specific questions


It is likely you have lost your rights, but that is not certain as it will depend on the facts.  Only a decent solicitor can advise you as to what the position is.  If there is any documentation showing that you allowed him to live in the property pending administration of the will, there might be a case to save your interest.
If you are entitled to a share, it would be 1/4 of the property at  current market value.
If he's acquired title, there's no recourse.  If he hasn't, you might have to consider partition (court orders sale and proceeds are split)
One question to consider is how long has it been since you let yourself into the house without permission and made yourself a cup of tea?  If you've allowed him to act as owner, it may well just be right that he acquires title.  Otherwise the property could be tied up forever in limbo because nobody seems to have acted on their rights.


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## challenges

Can someone please tell me about adverse position in the case of a small commercial property? My uncle left me a 50% share of a property and he died in 2006. I inherited the other 50% previously from my mother. Unfortunately my uncle made a genuine mistake and made a later will in the Uk which revoked the 1st will. ..there are about 8 living beneficiaries on the english will with a claim to the commercial property. Some have signed disclaimers. Would adverse position work here for me as none of them are fighting for their shares?


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