Executor authority for eviction

[nimrod2020]

This question is a development from a similar question asked a few days ago in the Wills & Probate forum:-

The Background:
3 brothers buy and run a farm, living there until they pass away.
The property is not registered with the Land Registry.
The brothers are all tenants in common with equal shares each.
The brothers never marry, and there are no children.
All 3 brothers make identical wills, leaving their particular share directly to the same 3 named beneficiaries (2 nieces and a nephew).

Brother A passes away in 2019. Probate is not applied for.
Brother B passes away in 2021. Probate is not applied for.
Brother C passes away in 2024. Probate is applied for by a solicitor but only for Brother C, and Letters of Administration (with will) were granted to the 3 beneficiaries as Administrators.


Complication:
Due to the brothers age and failing health, in (approx) 2016 a different niece is invited by the brothers to move into the farmhouse as their unpaid carer.
There is no written agreement for her services and they do not pay her a wage; however, she receives Carer's Allowance, and she does not pay any rent or any bills, and all her food is provided free. She also does some incidental farm work, and is paid in cash.

The brothers assure her that although she is not in their wills (created earlier in 2011), she will be looked after once they're gone.
In addition, Beneficiary 1, repeatedly verbally assures her that once the brothers have passed, then accommodation will be given to her free (a log cabin / caravan).

Once the last brother passes, Beneficiary 1 continues to assure her that accommodation will be provided, and he continues to pay all the farm bills and even gives her an old car (free).

However, once probate for Brother 3 is granted, Beneficiary 1 changes his mind regarding any future accommodation, and together with Beneficiaries 2+3 seeks her (immediate) eviction.

Carer 1 consults her own solicitor who assures her that she is entitled to compensation as a dependant under the Inheritance Act 1975. He urges her to not move out until a legally binding agreement is obtained.


Questions:
1. The beneficiaries / administrators have only applied for and received probate for one of the brothers. Is this sufficient authority for them to evict her, or would they first need to receive a grant of probate for the other 2 brothers as well (as all 3 brothers were equal tenants in common). Presumably yes, but if not, why not ?

2. Assuming that the administrators do require probate for all three brothers, what would actually happen if they initiated legal action and she was summoned to court ?



sorry for the long story, thanks in advance,

[Pezza54]

Please read the article "Inheritance (Provision for Family and Dependants) Act 1975: Common questions" at www.brownejacobson.com
The niece may fall under the category as an individual financially dependent on the deceased.
If mediation is unsuccessful in resolving the niece's claim (most cases are settled by this method before or soon after court action starts to avoid expensive legal costs) the court has the power to order the claimant receives reasonable financial provision from the estate. This provision can be a lump sum, transfer of property to the claimant and/or ongoing maintenance such as monthly income

Hopefully the executors will take legal advice before attempting to evict the niece. IMO the niece has a strong defence to oppose eviction and make a claim

[nimrod2020]

[QUOTE=Pezza54;

Hopefully the executors will take legal advice before attempting to evict the niece. IMO the niece has a strong defence to oppose eviction and make a claim[/QUOTE]



Thank you Pezza:


The niece (carer) has contacted the beneficiaries and stated that she believes that she has a claim as a dependant, but she has not received a reply from them, and understands that they intend to imminently apply to the court for an eviction order.

What can the niece do ? Is there a legal process that she can initiate herself (some application form / own solicitor intervention) ?

[atticus]

When was the grant of letters of administration? (The one that has been obtained).

[nimrod2020]

When was the grant of letters of administration? (The one that has been obtained).

It was issued by the court and dated 11 December 2024.

I suspect that it is now getting close to the 6 month time limit for her to do something.

In post 3 above, I stated that the niece has contacted the beneficiaries but heard nothing back: In fact, it was the niece's solicitor who did the contacting = he emailed the beneficiaries own solicitor and said that the niece had a claim on the estate as a dependant and invited them to get together to discuss the issue. (I've seen the email but do not have a copy or the date = maybe 5 weeks ago ?).
The beneficiaries solicitor did not respond.
The niece believes that her solicitor sent another message to the beneficiary solicitor but has not had a reply.

[Pezza54]

Please read "PRACTICE DIRECTION - PRE-ACTION CONDUCT AND PROTOCOLS" at www.justice.gov.uk

"Objectives of pre-action conduct and protocols"

3. Before commencing proceedings the court will expect the parties to have exchanged sufficient information to:

(a) to (f)

By not responding to the niece's solicitor the other party's solicitor is not helping their client's defence in any potential future court claim

[nimrod2020]

Please read "PRACTICE DIRECTION - PRE-ACTION CONDUCT AND PROTOCOLS" at www.justice.gov.uk

"Objectives of pre-action conduct and protocols"

3. Before commencing proceedings the court will expect the parties to have exchanged sufficient information to:

(a) to (f)

By not responding to the niece's solicitor the other party's solicitor is not helping their client's defence in any potential future court claim

Thank you Pezza:

I found the guide at https://www.justice.gov.uk/courts/pr...action_conduct
and it is completely sensible and clear;

I don't know why the other solicitor is not responding, except perhaps they are trying to get an eviction first, and then discuss dependency compensation at a later date, maybe. And I agree with you that not responding does not seem to be good optics.


A further complication may be that the Carers 13 year old grand-daughter is now living with her at the farmhouse.



I'm still uncertain as to whether having obtained probate for only 1 Brother grants the executors sufficient authority to evict (as they only control 1/3 of the farmhouse)



Q3. Does the carer's belief that she has a valid dependency claim, and is therefore in dispute with the beneficiaries, provide her with any protection to halt a court eviction process ?

Q4. Does the presence of the grand child have any relevance to the eviction process ?

[atticus]

I am not going to get into the other questions, but i think the administrator has sufficient authority to bring action for possession of the property.

[nimrod2020]

I am not going to get into the other questions, but i think the administrator has sufficient authority to bring action for possession of the property.

Thank you Atticus.