Update to AIBU to refuse Aunt's fwb claim on her estate.

Have you spoken to Land Registry about putting a warning marker on the property?
Im concerned that either he or his relatives may try and get loans secured on it.
(I've had a marker on my land registry record because I've been victim of a scam).

But he's not related like in your example. He's just a random guy. That should make all the difference and I don't understand why it doesn't. I also think as he as 5 children, it's hardly the case that he has nowhere else to live - he's got no shortage of his own family to sponge off. What I'd be worried about now is him doing something even more CF loopy like leaving the house to his DC in his will and them continuing with the madness. Wouldn't put anything past him.

A parallel would be if a man had a son and a daughter and the DD had extra needs and lived at home but the man left his estate all to his son. The DD would be likely to be deemed a dependent and have a claim on the estate regardless of the will.

Because FWB is elderly, has limited financial means, nowhere else to live and has overepresented his relationship with the aunt, the judge has considered him to be a dependent.

That’s my understanding anyway!

@Easilyforgotten because he isn’t in contest with OP, he is in contest with the estate. It happens that the place he is currently living has OP’s name on the deeds, but because of the relative recency of the gift of this house to OP from the aunt, it’s not entirely separate from the estate.

As the judge considers him in some way to be a dependent of the estate, he also has a claim
for legal costs against the estate

What I really don't understand is why the onus is on the OP to get him out by proving he has no right to be there, and pay the associated costs, rather than her being able to just lock him out then the onus and costs be on him to prove he should be allowed back in? Why is OP facing costs of potentially £100k and he isn't? Especially as he apparently has no money? It's all so clearly unfair to OP. There's no way she should have to capitulate due to lack of funds when he can therefore 'win' by default.

I totally agree with @madaboutpurple . This actually occurred to me yesterday too. Is it not worth contacting someone like Rip Off Britain just to see what they say?

I think there are many other scenarios that people would reach for first here, apart from the one you mention: comfortable entitled middle class woman trying to chuck out poor elderly man.

People are well aware of how misogynists ply their trade, even elderly ones, and that is what exactly is happening here.

This is also very topical because of the changes coming to the rights of cohabitees....see how far this could go, if the law isn't tightened - protection for house guests!

Bloody hell!

I was thinking equivalent bedrooms/garden for example.

He really is taking the piss isn't he?

Same architectural style?

Fuck me!

It really is an absolute mockery.

No advice but I’m so sorry you’ve had to go through this. Housing a CF in a house that is technically yours seems insane.

I presume housing him "like for like" wouldn't mean being able to buy a similar property in a cheaper area?

This is making a lot of us feel really mad. I remember not so long ago reading your first post. I really would recommend contacting Rip off Britain programme as they would surely have a legal expert to help you. If you were on the programme you could say I do feel sorry for Mr Pulling a fast one/whatever name he is but I want to comply with my Aunt's wishes and be able to use the property for yourself whereas Mr Pulling a fast one has relatives who would love to look after the cheeky sod for the rest of his days .You should be able to live there or sell it or decorate it in any way you want. I think of us are fuming mad at his cheek. I wish you all the best in getting him out.

Is there any chance the estate could be responsible for the cost of carers visiting, or care home fees when he needs to move out?

Does he have any next of kin? What will happen to all of his belongings if he dies in the house?

I have re-read and I can't help thinking that he will refuse any offer that isnt him staying in the house for life, so that might work in your favour. You offer money "no, I want the house", judge suggest different paid for accommodation "no I want the house". No judge will agree to that as reasonable.

Or, yes, waiting for the selfish scrounging shit head to kick the bucket.

Sit it out until the the cheeky old fossil dies

What? Are they actually doing good this? This is going to make things even worse!

Also, I think there are age related rules around equity release, as it’s a product more animed at financing older folks who have a good asset in their home but not much free cash, and OP might well be too young for the product!

My understanding is that, once FWB and the executor (ie OP) reach a settlement, that frees up the administrative logjam and the aunt’s main house and other assets can be sold and distributed. I don’t think OP needs equity release or a mortgage on the aunt’s former holiday home for the cash side of things once this is underway.

ETA x post with OP 🙂