Potential occupational rent?

[Guest]

After both their marriages failed, my mother and her sister (my aunt) both ended up living "back at home" with their father (my grandfather) in the house they grew up in.
After my grandfather died, the two of them had a verbal agreement that if one died the other should carry on living in the house.
My aunt then died a few years later and so my mother has been living in the house for a number of years.
Recently my cousins (my aunt's children) have stated that they want their share of the estate, as effectively on my grandfather's death the house would have been split between the 2 daughters.
Now that the family home has been sold and the estate is in the process of being settled, my cousins are demanding that they take into account "occupation rent" that my mother should have been paying whilst living there after my aunts death.
Is there anything in law to allow for a verbal agreement like this.

[des8]

Hi and welcome!

Families!!!

firstly what did your grandfather's will say about the house, or did he die intestate?

[DenverCoder9]

Hi and welcome!

Families!!!

firstly what did your grandfather's will say about the house, or did he die intestate?

Hi,

Yes, families indeed!!

He died intestate I believe.

[DenverCoder9]

(I am original poster - have since registered hence having a username)

[des8]

So when your grandfather died intestate, were your mother and aunt the sole beneficiaries?

Assuming so, the house passed to their joint ownership.
Do you know if they held it as tenants in common or joint tenants?

[DenverCoder9]

Yes, they were sole beneficiaries, but the estate was not dealt with until after my aunt died.
The reason why my mother and aunt did not sort it out when my grandad died was that my aunt had gone bankrupt - it was to avoid my aunt having to pay out any money from the estate to creditors.
This is the same reason why my mother did not deal with it after my aunt died (to basically ensure that there was some money to go to my cousins)

[des8]

So when your aunt died (intestate) her children (your cousins) did not take steps to settle her estate.
Your mother continued to live in the house with their tacit consent.
They did not request rent from her, nor did they try and obtain access to the house?
Their claim for occupation rent would, IMO, fail.

Who has obtained letters of administration for each of the deceased?
Bit of a nightmare to sort out if family members are being greedy a*******S

[DenverCoder9]

My cousins didn't know about the bankruptcy of their mother nor that it was the reason for not settling my grandfathers estate.
After my aunt died, they did not take steps to settle the estate until recently, although they did ask occasionally about selling but no demands were made.
They had access to the house (keys) whilst my mother was living there, but chose not to use it.
They did not request rent and only enquired about settling my grandfathers estates (so that they could settle my aunts estate) last year via threatening solicitors letters.
Now, as the house has been sold, they are demanding many years worth of rent on top of my mother to pay their solicitors fees and also pay for the capital gains tax.
Greedy a******s doesn't cover it ,IMHO!

[des8]

In view of the complexities it might be worth your while to have an initial consultation with a solicitor to review your options.
Initial consultations may be free or on a fixed fee basis

[DenverCoder9]

OK, thanks very for your advice - will advise my mother accordingly.