Hi all,
Was just wondering if anyone could offer a bit of advice. My parents were both legally separated and agreed to be tenants in common of their property (50/50), with the condition that my mother would remain in the property until she died. My father passed away 7 years ago and left his share of the property to my two children as I was the only one who remained in contact with him following the separation. My mother passed away in early 2012 and left her share of the property to her 4 children (myself included).
I am now entering the will into probate on behalf of my children (I am executor) but there is a problem with one of my brothers who has been residing in the property prior to and since my mothers death. He is claiming that there is a condition in my mother's will that the property cannot be sold until he dies.
1) Is it possible for her to do this as she only has as she only had a 50% interest in the property?
2) If he does have a right to stay in the property can I request 'accounting adjustments' from him in the form of rent while awaiting the grant of probate, or do I need a court order to do so?
And finally I had agreed with him for an Estate Agent to come out and value the property for the CA24 form, and he agreed to this originally but has since had a change of heart, saying his solicitor advised him not to let this happen. Is he allowed to do this? and if so what would be my next step in relation to getting a valuation for the application?
Thanks in advance.
Was just wondering if anyone could offer a bit of advice. My parents were both legally separated and agreed to be tenants in common of their property (50/50), with the condition that my mother would remain in the property until she died. My father passed away 7 years ago and left his share of the property to my two children as I was the only one who remained in contact with him following the separation. My mother passed away in early 2012 and left her share of the property to her 4 children (myself included).
I am now entering the will into probate on behalf of my children (I am executor) but there is a problem with one of my brothers who has been residing in the property prior to and since my mothers death. He is claiming that there is a condition in my mother's will that the property cannot be sold until he dies.
1) Is it possible for her to do this as she only has as she only had a 50% interest in the property?
2) If he does have a right to stay in the property can I request 'accounting adjustments' from him in the form of rent while awaiting the grant of probate, or do I need a court order to do so?
And finally I had agreed with him for an Estate Agent to come out and value the property for the CA24 form, and he agreed to this originally but has since had a change of heart, saying his solicitor advised him not to let this happen. Is he allowed to do this? and if so what would be my next step in relation to getting a valuation for the application?
Thanks in advance.