Keys and rent to house(s) left in will not handed over

[Chev Chelios]

My friend lost her dear father 2 years ago and had been left a house in the will. Her father had 4 properties 3 of which were rented out. My friends brother lived in one of these properties.

When the father died he left 1 property to my friend however the son challenged the will demanding all 3 of the rented properties. Furthermore the rent from these 3 properties, which was collected by the son, were supposed to be given to the mother who would use the income to pay off the mortgages of 3 of the properties - this was stated in the will. This never happened and the son has been pocketing this money for 2 years.

Mediation occurred 1 week ago and the will was virtually honoured with my friend given a house not left for her in the will (the Mother agreed to some changes). The son claims his partner lives in this house my friend was given and said she has signed a tenancy agreement - no agreement has so far been produced. The son is also refusing to give the keys or any tenancy agreements over saying he'll do it when ready

My friend has suffered enough and I do not want this to drag on for her but I fear this will go on and on with my friend now paying a mortgage on a house she has no keys or access too. I believe the son will keep his partner there and refuse to pay anything possibly claiming squatters rights. Whilst we wait for the keys I'm certain he is damaging this house out of spite - he has said as much.

My questions are:

What can my friend do to legally force the production of a tenancy agreement for the sons partner(which we know does not exist) and can she request evidence of the rent previously paid by this partner?

What can be done to get the keys for my friends property from the brother? My friend is a single mum and struggles to make ends meet and may not be able to afford a solicitor

Would it be possible to write up a tenancy agreement right now with my friend so I'll be living there from today - would this then give me automatic rights to obtaining these keys immediately as I will be homeless.

Is there anyway we can find out who this brother has rented rooms to in these 3 properties to over the past 2 years and or how much rent was collected which was supposed to be given to the mother as stated in the will. He provided no evidence of tenants or money collected at mediation merely saying not much rent was collected and that the little money he did he collect he used for repairs on the property.

I've never written anything like this so if I've made no sense or go on too long I apologise once again.

Sean.

[Celestine]

Hi Chev - just to say hello and reassure you that someone will take a look at this awful situation for you but as week ends are quiet you may not get much till tomorrow. Sorry not my area of law and a very complex situation all round with rental law clashing with inheritance. Take care

[des8]

Good morning

I'm afraid we need more information before any pointers can be given!
1) What was the actual wording used in the will covering the bequests to your friend and her mother?
2) what was the variation agreed to by the mother?
3) did all beneficiaries affected by the variation agree?
4)who was (were) the executor(s) (assuming at the moment that the son has acted as sole executor but were there others?)