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1975 Provisions act and family member

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  • 1975 Provisions act and family member

    Looking for advice on Family member living in house I’ve inherited who’s claiming 1975 provisions act , although probate granted they have still not submitted a claim. Understanding they have 6 months from probate granted still 3months to run .
    I’ve allowed them to carrying on living there for 1 year (under advice from solicitor) but I would like them now to leave so I can sell property .
    But solicitor says although we can evict them at a cost to me it may be a waste of money being they may claim to stay as they still have an interest in the property due to the 1975 provisions act claim which I’m not disputing. But I would like to deal/ mediate with the claim after I’ve sold the property .
    They don’t pay any rent it’s totally free apart from utility bills and council tax
    Is there anyway to get them out sooner .
    And even when the 6 months after probate is up , I presume if they don’t make a claim we can just kick them out , but what if they make a claim at 5.9 months do I have to let them continue to live in house .
    Any help appreciated
    Thanks
    Tags: None

  • #2
    IMO you should follow your solicitor's advice. 3 months isn't long
    Your family member may challenge the eviction notice and their defence may succeed in court.
    You could face legal costs
    They may not be aware they have a 6 month time limit to start a claim

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