Invalid will

[Notnorth]

Hello to whoever is out there. New here so here goes... Mum and step dad & adult sister live in house owned by mum and step dad. Joint tenancy (mum and step dad). House paid for. No mortgage etc. Daughter makes life hell for step dad. Step dad moves out to save his sanity. 2 years later mum dies. Leaves a will stating she wants daughter to have "her half' of the house. Dad seeks solicitor advice and told he can re enter his house. He is the lawful owner. Daughter assaults him when he enters. Dad tells her he wants her out. He wants to live in his house. Daughter sends solicitors letter saying she is applying for injunction to keep him out and is pursuing a claim for financial provisions under the inheritance (provision for family and dependants act 1975). The daughter is 63 years old. Never left home. Works part time and in OK health. No tenancy agreement. No rent paid. No contract or permission to stay ever given to her. Can he get her out. Thanks for reading.

[des8]

So he is the legal owner of the house because as joint tenants it passed to him completely by right of survivorship.
The mother's will leaving her share to her daughter is of no effect.

However the daughter (?your sister) has beneficial ownership and ejecting her is not going to be a five minute job.
Has your mother's will been granted probate? if so when, as an inheritance Act generally has to be made within 6 months?

Step father could possibly enter the house while she is out and change the locks.
however there might be consequences.

Step father should really seek assistance from a solicitor specialising in contentious litigation.
An initial fixed fee consultation should give him an indication of how this will pan out.

[Notnorth]

Thank you for the quick reply,
I am not too sure if mothers will would go to probate. She only died two weeks ago. Shre really didn't have much of value and the only thing mentioned in her will was her half of the house to go to my sister. But, as it was a joint tenancy, I can'tsee how she can even have half of a house to will to anybody? My step dad, as you say, must now be the legal owner of the entire house. Not too sure about this beneficial ownership thing?
Surely, if a step dad cant get his adult daughter out of his house (after 44 years) then millions of people could end up having to pay compensation in order to get their adult "kids" to leave?

[des8]

Sorry, I was typing rather too quickly.
It could be your sister might be able to claim a beneficial interest in the property. She has been living there for sometime and perhaps assisted her mother with maintenance of the property. She will point to her mother's desire to leave her a share of the property (altho' that bequest must fail)

As the step father is now being prevented from living in his house he will be entitled to claim rent from his step daughter for the period he is forcibly refused entry.

[Notnorth]

Thank you once again. The property is now in a state of disrepair. My sister is 63 and my mother was 89 when she died. My sister has never paid more than £23.00 per week in keep and obviously my dad had to move out and pay rent on a flat for 2 years. Step dad asked 2 years ago if they would (my mother) consider selling the house and dividing it 50/50. They refused. I know legaly it probably isn't relevant but he was put through hell by my sister who convinced my mum he was planning to put her in a rest home because he was having an affair with a woman she has never to this day managed to identify. There was no woman ever. He was 79 years old for goodness sake. We narrowed it down to the woman who delivers the post! Complete fabrication and fantasy but she never stopped day after day telling her 87 year old mother that her husband of 55 years was cheating on her. That is why he had to leave. This is why he wants her gone. And now she expects him to somehow give her half his house?
She is crying about her inheritence. She has lived off his back for 60 years and he's just about had enough.

[des8]

The problem is that no matter how strong his case the step daughter can make a claim.
Now she might not win, but because of the cost (in money and stress) of disputing the claim he might be better negotiating a settlement.
This is not an unusual scenario so he should consider following his solicitor's advice

[Notnorth]

Thank you for that. We are going first thing Monday. He had already offered to pay for a bond/advanced rent on a flat. She refused. His solicitor said he had every right to enter his house but when he does he gets assaulted. Police were called and asked dad to leave to difuse the situation. Which he did.