Grant of Probate and eviction

[silondon]

I am currently living in my parents home. My Mother passed away over a year ago who inherited the house.

The solicitor acting as executor has served a 4 week notice to vacate.. I need the money from the sale of the house to use as a deposit and without it, I am effectively homeless. The house has been on the market for a year with a buyer dropping out due to the solicitors fault. Since then little interest in the property.

Is there anything I can do to challenge the notice to vacate?

[themas]

Need more information. Who inherited the house? Are you a beneficiary under the Will? Why has the executor given you notice to quit? Has he obtained a Court order to evict you? If so, on what grounds?

[silondon]

The house will be sold and split to 4 beneficiaries. 3 of us want me to stay in the house. I am a beneficiary of the house.

They want me out to sell the house despite the fact I have been there for estate agent viewings and the house has been on the market for a year.

A relative had maliciously stated the house is in neglect which was confirmed as false by the other family members as such. I refused an inspection on the grounds of it being malicious and an invasion of my privacy (Article 8 HRA)

There isn't a court order yet but warned that if I dont move out on 4th July they will apply for a possession order.

[themas]

You say "3 of us want me to stay in the house". But that is not possible unless the interest of the fourth person can be bought out - he/she is entitled to receive their full value.

I assume the executor may feel (& this is based solely on what you have said, so may be wrong) that your presence in the house is in some way minimising the chances of a sale, so wants you out to remove that obstacle.

However, I do not understand on what grounds the executor will make the Court application. Unless you are willing to go, your only approach seems to be to stay put and then oppose the Court application. To maximise your chances of success with this it would be best for you to have some separate legal advice.