Right to property - no will

[manamaga]

OK, there were a number of boards I could have put this on but couldn't decide, please move to a more appropriate board if needed.* I have a son to a previous relationship some 26 years ago. He has lived in his grandads home since birth with his mum. His mum moved out approx 5 years ago and so he has been with his grandad on his own since. He's now 24 years old.
His grandad is becoming frail and doesn't have a will, nor will he discuss it. So in anticipation of his grandad passing away with no will, does my son have any rights to the house? There's no mortgage, but he is aware that his mum and her brother will want to sell the house, and he will then be homeless. Does he have any rights to stay in the house etc. or can his mum and her brother evict him?

Many thanks.

[jaguarsuk]

OK, there were a number of boards I could have put this on but couldn't decide, please move to a more appropriate board if needed. I have a son to a previous relationship some 26 years ago. He has lived in his grandads home since birth with his mum. His mum moved out approx 5 years ago and so he has been with his grandad on his own since. He's now 24 years old.
His grandad is becoming frail and doesn't have a will, nor will he discuss it. So in anticipation of his grandad passing away with no will, does my son have any rights to the house? There's no mortgage, but he is aware that his mum and her brother will want to sell the house, and he will then be homeless. Does he have any rights to stay in the house etc. or can his mum and her brother evict him?

Many thanks.

The house will pass to the next of kin and they may do with the property as they please, including asking your son to leave and selling it.

[des8]

If the house passes to his mother, and he wishes to live in it, he may not be able to prevent its sale, but he may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
There is a very strict time limit of six months from the grant of representation or probate within which to bring a claim for financial provision under the Act
He may also be classed as a beneficial owner

[2222]

If the house passes to his mother, and he wishes to live in it, he may not be able to prevent its sale, but he may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
There is a very strict time limit of six months from the grant of representation or probate within which to bring a claim for financial provision under the Act
He may also be classed as a beneficial owner

The son is certainly within the class of people who could have a claim under the Inheritance (Provision for Family and Dependants) Act, particularly as this is his home.

If he is capable of fending for himself at the age of 24, the court might well rule against him. At the other extreme, if he is completely dependent on his grandfather, the court might well make provision for him.

An application under the Act, particularly if opposed by other beneficiaries, could run up ruinous legal costs. You hear of cases costing upwards of £100,000 in costs. It would be far better for your son to reach some agreement with his mother and her brother.