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Can one beneficiary force another beneficiary out of the deceased's home?

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  • Can one beneficiary force another beneficiary out of the deceased's home?

    Hi all...hoping you may help.

    Mum (94) has died (widow) leaving a small amount of money and her house. There are 4 children, all equal beneficiaries in the will (including myself, Child 3). Child 2 has lived in the house all her life (the rest of us all moved out at various times, but she stayed unmarried and looked after Mum in her latter years as an unofficial carer). Child 2 and myself are executors of the will, and probate has recently been granted. Child 4 is making noises about wanting the house sold and receiving her quarter share. I am happy for Child 2 to continue living in the house until she is ready to make alternative arrangements in her own time. Child 1 is non committal at this time but I suspect she will side with Child 4 ultimately.

    So, can Child 4...possibly with support from Child 1, force Child 2 from her family home against Child 2's wishes? I am happy to resist Child 4 and allow Child 2 plenty of time to sort her life out, but as co executors, not sure where we stand legally?
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  • #2
    The other beneficiaries may take court action under s14 Trusts of Land and Appointment of Trustees Act 1996 to force a sale.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Originally posted by atticus View Post
      The other beneficiaries may take court action under s14 Trusts of Land and Appointment of Trustees Act 1996 to force a sale.
      Thanks

      Comment

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