Dispute over house

[Adamp5566]

Looking for advice regarding a potential future issue.
my father in law has it in his will that when he dies his house is to split three identical ways, ⅓ to his son, ⅓ to his daughter and ⅓ split equally between his grandchildren (3 grandchildren all from his daughter).
The issue is his son and daughter in law have recent sold their house and have moved into his house, paying rent.
They are also building a property in Malawi.
If he was to pass away would they have any additional rights over the property as they are now living there?

[PallasAthena]

It wouldn't change their entitlement under the Will but they might have other rights as tenants depending on their contractual arrangements for living there. That could complicate matters if the other beneficiaries want to sell the house. Where a house is left to this number of people it's highly unlikely they all want to live there, they will want it sold and the cash divided but that will need the Executors to have vacant possession.

That they are building a house in Malawi is irrelevant (unless there's some specific mention of it in the Will).

[Pezza54]

Hopefully your brother-in-law's move into the house is a temporary one until they emigrate or find another property to buy in the UK.
As they are family it is unlikely there is a formal rental agreement. Do you know if there is one?

If your father-in-law dies and his son is still living and paying rent without a tenancy agreement then the executors should give formal notice to your brother-in-law to vacate the property and sever any personal licence to occupy that your father-in-law may have granted. If your brother-in-law refuses the executors would need to issue Court proceedings on the basis that your brother-in-law and his wife are trespassers

The executors will need to seek legal advice. An incorrect notice or a failure to undertake the correct procedure can result in criminal prosecution or damages under the Protection from Eviction Act. The matter can become complicated if a family member who is a main beneficiary is the tenant.-