No Will, Whos House??

[gbradfield]

my grandmother recently passed away and there are a few issues with family members who are arguing over who gets what and when. To cut a long story as short as i can basically the main dispute is over her house. The deeds are in my grandmothers and my fathers name, but it was apparently said before my grandmother passing that she wishes her half of the house to go to mu cousin, although no ones really sure if she has stated this in a will. My cousin is stating that he wants to move into my grandmothers house with immediate effect and evict my aunt who has lived there for the last decade with my grandmother (she was her carer). My father is dead set against this and intends of letting her live the rest of her days there as a thank you for looking after my gran. However my cousin and his family have other ideas. They want my father to be ''landlord'' and let my cousin and his family live there scot free as it was given to him. Things are starting to get intense and my father has a heart condition so i really dont want him getting too worked up but they are not backing down. A family meeting has been set for next week, we want to be able to at least bury my nan before all this kicks off (i know......nice family eh?) My father is grieving and having to deal with this rubbish. Just wondering if anyone can shed any light on the situation if possible so that when this meeting takes place, we have the facts. I suppose my question is can you give half a house to someone? and whos house does this technically belong to? Also can they kick my aunt out on the street? thanks

[Barmaid]

Do you know if your father and your grandmother owned the house as "joint tenants" or "tenants in common"?

[frugalfred]

I think you should brief a solicitor and have him/her attend the family meeting you have planned to explain to the vultures the rules of intestacy.

[frugalfred]

If you own your home as joint tenants, then if one partner dies, the other automatically becomes the sole owner of the home.
With tenants in common one member of a couple can pass on their share of the home on death, say to their children, while the other member of the couple can continue to live there, passing on their half on death

[gbradfield]

im not entirely sure i will have to get more info, My father just dont need this hassle right now and im worried abut him and his health. I really dont see what the rush is personally, cant people just grieve first? thanks for replies anyway they have been very helpful and i will get the case for my dad now. Thank you everyone xxx

[buildersmate]

............ which is precisely way Barmaid asked that question as it's critical in establishing exactly what the law says WILL happen, as distinct from squabbling family members' desires.

[murraymints]

Who knows what you're gran said ?? ...does not matter..it is what's in a will that matters not hearsay....if the deeds to house are equally and survivor...then belongs to dad outright....if no Will then next of kin inherits....any children ie your dad and siblings...your cousin is trying it on ....don't allow dad to be bullied or intimidated into rushing things....get a solicitor to deal with it..DON'T allow cousin to move in under ANY circumstances until legal eye has been cast over situation...

[Barmaid]

Gbradfield - in view of the lack of info, I can't answer fully. However, I will have some "either/or" answers for you - later or tomorrow. I can't deal with it now because I have to feed the menfolk, but can you just be reassured that your cousins aren't going to have as an easy ride as they might think. Please try and calm your dad too. Things are not so very bad.

[Peter Pedant]

you need as Barmaid says to find out what the deeds say
and if there is a will. (and what it says)

and things follow in a straightforward way from that.

( I bet you find out that the only person who says the grandmother wanted verbally the cousin to have her share is...... the cousin)

[Barmaid]

You absolutely MUST take legal advice. What I say below is only on the basis of some bare facts you have outlined, this is quite complicated.

Right if the house was owned jointly as joint tenants by your father and gran, the house now belongs to him. It does not matter what the Will says.

If the house was owned as tenants in common, your father now owns half the house outright the other half "vests" in the personal representatives of your gran (they have the legal title but no beneficial interest). If there is a Will the people your gran appointed as executor are her prs and her half of the house will go to whoever she states under the Will.

If there is no Will, the people entitled to take out the Grant are the people entitled under intestacy - this will be your gran's children (assuming there is no grandad) and their issue if any of the children have died. Her share of the house will be left equally between the beneficiaries and no one person has a right to live in it.

Thus the only time you are going to have a real problem is if Gran has left a Will stating x is to be able to live in the house.

If Gran has done this you will have a situation where the house is owned jointly between your dad and cousin and both want something different to happen. If it can't be resolved, your dad will need to make an application to the Court under the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA). The court will look at all the factors under s15 and in my view WILL not order the cousin be allowed to live there - the likely outcome is the property will be sold. However, this is where your Aunt holds the ace card - she has a potential claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision for maintenance either as a child of the deceased or as someone being maintained by the deceased. The upshot is that aunty should stay where she is a resist any attempts to kick her out until this is legally resolved.

[EDDIE51]

Barmaid I think the questioner lives in Scotland (look at her next question) and the house is there to.
Just so you know Scots law applies.

[tamborine]

Aside from the legals mentioned before. If it wasn't for your aunt caring for your gran the house could have gone towards grans caring costs.

Maybe your Aunt can claim a promisory from gran to live there for life ?

[pink-kittens]

huh? shes dead

[ladybirder]

The OP has been inactive since 12th. What a waste of people's time, especially barmaid's.