aaaaJoint inherited property

[Gutridge]

My brother has been living in my mothers flat whilst he is in London, and has never paid rent.

Probate has gone through and he wants to stay there, can I charge him half the going rent, as I do not use it and have my own house?

I am trying to get him to sign a rental agreement but he is refusing.

What are my options....?

[PAWS]

Re: aaaaJoint inherited property

Hello Gutridge
Can I assume that your brother is also your mother’s son and not a step or half-brother and if so he has also been left a 50% share of the property?
I know this may be a difficult time but is there any way to resolve this without resorting to points of law? As we get older our families become smaller. Few of us can say with our hand on our hearts that we get along with family all the time but if you are not desperate for funds would it not be better to allow your brother to use the property for the present and then slowly, in the future, work up to negotiating a congenial long term solution.

[des8]

Re: aaaaJoint inherited property

Hi and welcome.
I fully endorse comments by Paws and would urge you to try and come to an amicable agreement.
Too often we see families split asunder over inheritance problems.

In the meantime, was your brother accustomed to staying in your late mother's property while she was alive?
Does he have another property, or is he now living permanently in the flat?
You say "probate has gone through": does this mean the estate has been settled and distributed to the beneficiaries?
If so, on what basis do you own 50% of the property?
Was there a will, or did your other pass away intestate?

[Gutridge]

Re: aaaaJoint inherited property

My brother took a will from my mother 3 days before she passed away (and had been given morphine) using a solicitor she had never met before. Surprisingly enough leaving the flat to him alone.

We have been to court and the Judge dismissed the Will, stating that she therefore died intestate. The flat is the only asset and he now has a huge debt fron the Solicitors fees.

I tried to get him to sign the Land Registry forms to transfer it to 50/50 between us but he has refused to sign the forms. He knows the Solicitor will put a charge on the property if he did. He has not paid the service charges, but is paying the utility bills.

He now is trying to claim beneficial ownership so it looks like we will be going to court again.

Thank you for your comments, but as you can guess the relationship went AWOL when he produced the will. I offered a rental agreement which he refused to sign.

I am going to evict him and sell the flat as I was forced to take on the lease, and am now paying charges for him.

[Kati]

Re: aaaaJoint inherited property

:bump: for [MENTION=39710]des8[/MENTION] [MENTION=31453]PAWS[/MENTION] xx

- - - Updated - - -
[MENTION=77627]Openlaw15[/MENTION] ... any idea??

[PAWS]

Re: aaaaJoint inherited property

I can understand the relationship might have hit the pan if he rustled up a solicitor and got your Mother to draft a new will to his benefit! Although I have no knowledge of the law I can also clearly see why a Judge would dismiss a will made by someone on morphine. The solicitor he took to her bed should have known this would happen.Let’s face it, if I know this then any ejit would know it never mind one paid to advise on such matters. I can also see why you are angry with him.
It looks like your brother has marched into a sea of problems and expense by this foolish act. Many of us have been in the position where those close to us have stabbed us in the back (or even the front!)….however…...YOU ARE NOT LIKE HIM. OK, if the flat is costing you money and you are getting absolutely nowhere it would try the patience of a saint but having your brother thrown out on the street after throwing more money at solicitors I believe, is beneath you. Is there no way you can find a mediator or even try and talk this out? Even if it starts with shouting and recriminations it could end with some sort of agreement. He may be in serious financial difficulty following his mistake and fighting like a dog to save his dignity -who knows -but throwing ones brother onto the street is almost as bad as trying to cut him out of a will.
Sorry-this is just my opinion and I do wish you well whatever you decide.

[des8]

Re: aaaaJoint inherited property

Whilst endorsing Paw's comments, I suspect the rift is not going to heal anytime soon.

Is your sibling using the same solicitor he employed to defend the will?
Did he live in the property prior to your mother's passing, or was this a recent occupation?

[Openlaw15]

Re: aaaaJoint inherited property

My brother took a will from my mother 3 days before she passed away (and had been given morphine) using a solicitor she had never met before. Surprisingly enough leaving the flat to him alone.

We have been to court and the Judge dismissed the Will, stating that she therefore died intestate. The flat is the only asset and he now has a huge debt fron the Solicitors fees.

I tried to get him to sign the Land Registry forms to transfer it to 50/50 between us but he has refused to sign the forms. He knows the Solicitor will put a charge on the property if he did. He has not paid the service charges, but is paying the utility bills.

He now is trying to claim beneficial ownership so it looks like we will be going to court again.

Thank you for your comments, but as you can guess the relationship went AWOL when he produced the will. I offered a rental agreement which he refused to sign.

I am going to evict him and sell the flat as I was forced to take on the lease, and am now paying charges for him.

A solicitor should not be taking a Will from a testatrix under the influence of morphine. It is obvious there would be no capacity hence the Will would be void. Sounds like a job for the legal ombudsman and solicitor regulating authority too, potentially, against the solicitor. It is possibly a criminal offence too against your brother as it is potentially harassing a vulnerable woman on her death-bed, so to speak. Since you're the son of the deceased mother, under the intestate rules you can deal with the estate as assumingly there is no spouse of the deceased. It sounds as if you've done this already. As you're now the leaseholder, you have the rights exclusively to use the land/ the property which includes give assent to who occupies the property and who doesn't. Your brother now potentially anyway is a squatter and or trespasser in the property. So, you could potentially call the police and say your brother is trespassing, to have him removed. He is not a tenant because he is not paying rent so he has no tenant rights and no proprietary rights, ie no beneficial interest unless he proves he has a right to a share in the property.