Can my sister be forced out of home?

[PhoebeFriends]

My sister has lived with her partner for around 10 years. It was his house, his mortgage and although she contributed 50% to bills etc. the mortgage remained in his name. They have no shared children.
They had talked about a will but not got round to it.
Sadly, he died suddenly 4 weeks ago.
My sister is devastated.
When she phoned her partners brother, he told her she had no claim on the house and would need to move out in 6 months.
Her partner has 2 adult children who live away. They have both told my sister it is her home.
My sister accepts that with she has no claim to the house and this is the children’s inheritance. She is grieving and trying to arrange rented accommodation.
The brother has now phoned her to say he wants a key to the house and he will put it up for sale in January.
My sister’s partner had a range of debts and
It is likely any money from the house sale will just about cover these.
The brother has a legal background and my sister does not want to get into a difficult financial position when she accepts she should move but - does this need to be so quick - does she have any rights?
The next of kin must be the children and their uncle is clearly thinking of their interests but it all seems so heartless in how rushed it is.
Any advice would be appreciated.

I'm so sorry you lost your partner. It's nothing at all to do with his brother and you're within your rights to tell him to leave you alone.

Sorry, I meant I'm so sorry your sister lost her partner.

If her partner didn’t have a will then almost certainly any assets will get divided between her partners children. Therefore (presuming they are over 18) the brother can get stuffed! He can say what he wants but that is not how the law works.

Going through the legal process of someone who has died without a will takes a while so there is absolutely no reason for her move out even if they children wanted her out.

Brother is just being an arse

If there is really no will, and assuming this is in England or Wales, then intestacy rules say the two children inherit equally, and the brother has nothing to do with it. Check here:

www.gov.uk/inherits-someone-dies-without-will

Unfortunately your sister has no rights - this is why everyone in a long-term relationship should make a will! - but it is the adult children's decision about timing etc, not the brother's. If they want, they can even give up their inheritance or make some legal arrangement to give her, for example, the right to stay living in the house for a certain length of time or for her lifetime.

I'd suggest calling the shelter advice line about her short term housing rights

Sadly, she should start planning alternative accommodation. The children are likely currently in shock from the loss of their father and may soon (with brother's urging) change their minds about allowing her to stay. She has no legal rights to the house.

I have been in a similar situation. Make a will or get married, everyone.

Do you know whether he has an original will which names his brother as executor? You mention debts too do you know if there would be any way of settling those without selling the property?

The children may be happy for her to stay there but if there are debts then the choice may not be available to them to do that.

The brother has no say in this (or is he the executor?) but since the debts of the estate are likely to cancel out the assets left, it might be a blessing in disguise that your sister can just move on and let the family sort it all out.

The timing is bad, with Christmas and the pandemic, but she might be best giving the brother a date (maybe Feb) when she will be out.

Even if the house is sold she doesn’t have to move out until a proper eviction process has taken place, and to be honest if his family are being so heartless she should stay put.

By the way, even if he didn't have a will, if he had any pensions or death in service benefits, it is worth her while checking if he happened to put her name down as a beneficiary.

Thanks, some good advice to pass on to her.
I hadn’t thought of Shelter.
And yes, everyone really should make a will and not keep putting it off. We are all still in shock about his death it was that sudden but it has been made so much worse without a will.

With no Will his children will be next to inherit so its their decision. Do not give the brother a key or let him threaten you.

So sorry for your sister.
If there was no will then the children are beneficiaries (providing he was divorced)
She doesn’t have to speak to the brother at all.
Once the shock fades and the children seek legal advice they will learn that obtaining letters of administration can take months and months and they can’t put the house up for sale before that.
Maybe this will give your sister a little breathing space

I would encourage your sister to speak to the children and let them know she is being bullied by their uncle. It has absolutely fuck all to do with him and everything to do with them as next of kin. Either the uncle is an officious toss pot who thinks he is doing the right thing by interfering or he is trying to pull some sort of fast one. Cut him out!!

She needs to document any contributions she made to the house financially. Paying half the bills isn't enough, but if she contributed to the mortgage, or anything that added value, paid for a new bathroom for example, she could argue a beneficial interest. Could be a costly legal bill though. Yes to Shelter - she should stay put until she is properly evicted.

It’s not straightforward If she has contributed to the house mortgage I think she can lodge a restriction on the house deeds (family solicitor would advise) as beneficial interest she can have free half an hour consultation.

Hi OP

I've sent you a DM. Please ask your sister to contact me x

Has the brother been appointed as Administrator?

It is often the next of kin (by intestacy laws) but does not have to be, and having a person who is close kin and with a legal background would make the brother a very sensible choice.

If there are debts to be settled, it is the creditors who will be pushing for action, and they cannot be left dangling.

She knows she has to move out at some point, and I hope it goes well when she does.

I'm not sure a will would have helped her, if the debts can really only be covered from the proceeds of the sale of the house.