Forcing a sibling out of a house?

[Mia_454545]

Hi, thanks in advance for any help.

My nan and grandad currently live in a property which has a vacant annex, my uncle is struggling financially and they would like to offer him the annex to live in rent free. However they want to ensure once they have both passed he doesn't continue to live there and prevent the house being sold and split between the beneficiaries (my two uncles and my mother). Their will currently states that upon their death the house should be sold and split in thirds, also I'm the executor. If he decides he doesn't want to move out would it be difficult to force him? Is there anything we can add to the will to make it easier to get him to move out? I'm worried because I'm the executor so all of this will fall on me to sort out and my mum's worried that my uncle would much rather move into the big house once they pass and live there than sell and receive a third. My nan and grandad think that if it says it in the will then he will have to move but I'm not confident in that.

Thanks for reading

[Pezza54]

Hi Mia
you have posed a difficult question.
If your uncle moves into the annex, he may in future years as his parents get more incapable of every day tasks, become their sole carer.
The care he provides could go on for years and there is a chance that he will expect to receive a larger share of their will than his siblings. His parents might agree and could be influenced to change their will.to the benefit of your uncle.

As executor you have a duty to ensure the beneficiaries receive their entitlement under the will. If your uncle refuses to vacate the property so it can be sold you will need to obtain a Court Order to evict him. The beneficiaries might agree to allow your uncle to continue to live at the property until probate is obtained and a buyer is found.

Elselaw.co.uk have an article on their website about a family member living in a deceased person's property while waiting for probate.

[Mia_454545]

Thank you for the reply,

I'm not really concerned about my uncle getting more of a share because of being a caretaker as it's more likely the responsibility would fall on me. If however that does happen and my nan and grandad decide to favour him more in the will, would that effect him moving?

I'm sure my mother and uncle would give my other uncle plenty of time to move, they're just worried if he refuses it's going to cost thousands in legal fees to remove him or worse he can't be made to move at all.

[atticus]

Then don't let him in. Help him find somewhere else.

There is only so much that you can control after you die.

[Pezza54]

Yes it could cost a few Łks to obtain a court order, warrant and bailiffs.
You could ask your grandparents to add a clause in their will along the lines that any costs and expenses associated with the eviction of a beneficiary who refuses to vacate the property to facilitate the sale shall be deducted from that beneficiaries share of the estate.