sister in property sibling will inherit. cant sell until she moves out . she wont

[Mil888]

hi my two sisters and I will inherit an equal share of my mothers property wen my mother dies. only problem is my younger sister still lives at my mothers property.so my older sister and I as trustees of the will cant sell it until she moves out which she pretty much wont do so my question is is there a legal way to get her evicted so we can sell the property and if so will the cost be born by my mothers estate or do I have to pay out of my own pocket or is as I fear nothing we can do to get her out as she will be legally an owner. any advice will be greatfully received thx

[ostell]

Give her the option of buying you and the other sister out of your shares, give an estimated cost of doing this. Also suggest that if she doesn't want to do this then you both are going to charge her a propionate amount of a commercial private rent, and tell her how much this will be.

So a three bedroom house at £1200 per month and you will expect her to pay £800, plus of course, the council tax, water rates etc.

[Kati]

tagging Peridot xx

[Peridot]

Hi Mil888,

So has your mother passed away, or is this to try and get it straight in your heads what the options are, when the time comes? Just to clarify there are 3 sisters, one of whom still lives with your mother?

Unless the youngest sister is on the legal title she has no legal right to be there. However, if your mother is the sole legal owner she may have a beneficial

interest

if she could prove that it your mother promised her the house and she acted to her detriment on that promise. There are other ways she could try and demonstrate she has an interest in the house but I think it is a little premature at this stage to investigate this further. When the time comes if she refuses to leave the property after your mother has passed away, claiming she has a beneficial interest in the house you obtain some advice at that point.

Ostell is correct, she could 'buy' you and your sister out for each of your third shares of the property if she wishes to stay there. Then the question is how would she raise the money to do this, but it is perfectly acceptable if the executors are in agreement.

Depending on what her right to live there is, whether there is a rental agreement or this is a lodger situation for example will dictate how she would have to be removed if the need arose.

The costs of removing her would be bourn by the estate, which may be a relief but this will of course reduce the residue of the estate available to be distributed. I suppose the answer at this stage is unless she is on the legal title of the property which you can find out by obtaining official copies of the register held at the Land Registry for a small fee here:- https://www.gov.uk/search-property-i...-land-registry it is possible to remove her.

If she established a beneficial interest then it would only be over a share of the property not the whole so she would have to reimburse you for your shares that you inherit if she intends on staying there.

Hopefully this is all a way off and circumstances may change before the time comes. You could always get some legal advice before hand if that would help you understand the situation or look on HMLR here:- https://hmlandregistry.blog.gov.uk/2...ts-difference/

This may not be a scenario where your sister has made any contribution to the property so may not even arise. No point worrying until the time comes is my suggestion and then you can look into how to deal with matters. In the meantime keep lines of communication open with your siblings and hope that your youngest sister's situation changes and the need won't arise to address the issue.

If you need any more pointers do post back on here.