Remove family member from house of deceased

[Gatos Gal]

Hi all

Hoping someone can point me in the right direction. My dad recently died without making a will and I am the sole beneficiary under intestacy rules. He was widowed and owned his house outright, but a family member (step-child) has lived there with him for several years, with no written agreement, and paying no rent or bills. He didn't want the person living in the house, but felt powerless to remove them, and after his death they show no sign of leaving. I now have Letters of Administration and wish them to leave so the house can be sold. It seems that they are classed as an excluded occupier (long term guest rather than lodger) and I have to give a Notice to Quit. However, what I've read only seems to apply if I was living in the property, not the process to follow if the homeowner has passed away. If they don't leave, do I need a Court Order rather than being able to change the locks etc?

Many thanks for any advice on this.

[Pezza54]

Hi
Welcome to LB
In England and Wales, certain people such as anyone who was living with the deceased for a minimum of 2 years leading up to their death, anyone who was treated as a child of the deceased and anyone who was being financially maintained by the deceased are entitled to make a claim on the deceased's estate. This claim would be under the Inheritance (Provision for Family and Dependents) Act 1975
If his step child refuses to vacate the property you will need a court order to evict them. However, in light of the above. as the estate administrator and sole beneficiary under the rules of intestacy, you may do better to try to negotiate with your step sibling

[Gatos Gal]

Thank you,

I had planned to offer my step-sibling something as they're in a low paid job and don't recieve any benefits, just lived in the house with dad since losing their mother (married to dad), who also died intestate. It's annoying they're nearing 50 years old but have never paid rent or offered anything toward bills, but until they leave I can't clear the house, and prepare it for sale. Is there a required format for a Notice to Quit, or will a letter be enough? I did read it should be at least 28 days notice and include prescribed information from the Protection of Eviction Act to be valid?

[Pezza54]

My advice is to obtain professional legal advice before you go down the route of court action.
Your step sibling could challenge the court order for eviction. There are lawyers that having read your step siblings situation and deciding they have a good chance of winning a claim against the intestacy rules, will offer your step sibling an agreement on a no-win-no-fee basis

If you decide to defend the claim you will have to employ a lawyer and if you lose in court the expensive legal costs will effectively be your own money as you are the sole beneficiary