Will problems

[lilacben]

I wonder if there is anyone who can give some advice in this problem.? The question is..... if there are three siblings and one still lived at home,at 55, what would be the situation when the mother dies. a will has been made so that the three will have equal shares in the house but as I said there is still one that lives in the house.Is there anything the other two can do if he refuses to leave.? Also if there is a clause stating the three own the house but they must let the one stay and live in it is there . what will happen then.?

[buildersmate]

I thought it was much simpler than that; if the Will leaves the house to three siblings equally, then they can force the 'stay at home' out.
However this will not be the case if:
1) the 'stay at home' sibling is also named as one of proprietors on the Land Registry title - in which case (in the absence of any other deed of gift) the mother only owns 50% of the equity in the house in the first place, or
2) there is a clause in the Will stating the 'stay at home' can stay there until he wishes to move out. Such a clause needs to be professionally drafted, to avoid the potential for hassle and debate that may otherwise happen.

[lilacben]

Many thanks for your replies. buildersmate, the will has been written up by a solicitor and there seems to be a clause stating that the sibling can stay in the house as long as he wishes and when it is sold he will have to share the amount 3 ways. Which means he has no intentions of ever moving out so the other 2 will not have any of the legacy.

[buildersmate]

Well the solicitor should explain the implication of her wishes to the mother then, and perhaps suggest at the potential for a rift in the family from such an arrangement. It's a pretty unsatisfactory set of wishes.

The Will should surely also state what happens to the legacy in the event that the estate cannot be distributed prior to the death of one or more of the siblings before the Executor can sell the house.