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Original poster

Gran passed and now family drama

68 replies

SunshineMummy2 · 27/02/2024 16:49

Hi All

I need some advice but I will keep it brief (well I will try)

My gran passed recently and it's been very sad. My mum who was her executor passed away suddenly 10 years ago so the mantel fell to me as I am the next closest to her after my aunt excommunicated herself from the family and my uncle has had little interest in my gran's affairs.

Now she has gone I am sorting through everything, the problem is my uncle was living at my grans. For many years they would argue and she would ask him to leave but he never did. Now he is in the property on his own and is now asking me to sort all of the utilities out and get a letter from the solicitor to evict him.

Does this sound correct? He has no tenancy agreement and has no bills in his name but I am guessing he has occupancy rights? I don't want him on the streets at all, but my gran wanted the house sold immediately to pay off debts and give all her grankids an inheritance.

Today he called me moaning that the virgin is due to be cut off, naturally because I have notified everyone that she has passed and the bank has stopped all DDs. He doesn't work as he is unwell and struggled to find work for some time now.

Does anyone have any advice or insights into this? The plan was to have him move out when my gran was put into a nursing home but in the 9 months he never found anywhere and sadly we are now where we are.x

OP posts:
Flensburg · 27/02/2024 16:52

I'm sorry for your loss
This sounds like additional stress for you. Did your gran make her wishes clear regarding any provision for your uncle? It seems unfair he should become homeless.

Original poster
SunshineMummy2 · 27/02/2024 16:55

@Flensburg Thank you that is very kind. She removed him from the will after an argument and him being very verbally abusive towards her. She later told him and he accepted it so it is not a secret. He knows there are no provisions for him but i cannot leave him homeless. I also cannot pay for his bills either if it was to come to that. He is on JSA and disability benefits i imagine.

OP posts:
urbanbuddha · 27/02/2024 16:58

If he has notice of eviction the council is required to house him. Write him a letter giving him notice.

Original poster
SunshineMummy2 · 27/02/2024 17:00

@urbanbuddha I assumed it needed to be my solicitor who hasn't gotten back to me yet. I can look into writing one.

OP posts:
MinervatheGreat · 27/02/2024 17:08

(Please don’t think I’m being harsh. I might come over as too black and white. I’m sorry for your family’s loss too. Grans are such special people.)

I’m supposing, in his own right, he must now sort out more benefits in his own name. Universal credit etc? If he’s capable of claiming JS he can clearly hold his own with the benefits people?

The estate can pay outstanding final bills with the utilities etc but he must independently stand on his own two feet and sort himself out.

Try to keep your distance from his issues but it’s only natural to care. You will have enough on your plate in the coming months with probate etc so he’ll need to pull his big boy pants on and fend, with your support, for himself.

FloofCloud · 27/02/2024 17:17

No advice except sending hugs - must be difficult but your uncle needs to sort his shit out - not waste her estate meant for her grandchildren

Original poster
SunshineMummy2 · 27/02/2024 17:18

@MinervatheGreat Thank you.
I agree, i just hope he isnt expecting things to stay on while he is there as things will likely all shut off within the coming days?

How bad is the probate process?

OP posts:
Original poster
SunshineMummy2 · 27/02/2024 17:19

@FloofCloud Thats very kind, thank you

OP posts:
Hadalifeonce · 27/02/2024 17:22

When my mother died, my sister and I had to tell my brother he had to leave the house. I had to get in touch with the council to explain the situation, because he was over 65 they housed him in an age appropriate flat.
I don't know if this could work in your situation?

AllThePotatoesAreSinging · 27/02/2024 17:24

The thing is, if he has been supported by your gran for the last 2 years (and it sounds like he might have been, if your gran paid all the bills etc and he paid no rent, or even if he paid some rent but she paid most of everything else) then he might have a claim against the will under the inheritance act. It’s about reasonable provision so if he doesn’t work due to health, will be homeless if he leaves, and if he’s at an age where he’s unlikely to be able to build a pension then a claim like this could well succeed. It doesn’t mean he will bring a claim but just be aware it might not be as simple as you ask him to leave with his belongings, and he goes quietly. I’m speaking from experience.

Original poster
SunshineMummy2 · 27/02/2024 17:24

@Hadalifeonce Thats interesting I didnt realise that. I will contact the council as he is over 65. I don't want him on the street but its been a week of sorting everything in regards to the funeral and keeping everyone happy and sticking to my gran's wishes - i want this all over asap.

OP posts:
Bankholidayhelp · 27/02/2024 17:24

I would suspect that for the council to house him he will need to prove that he has nowhere to live and that you are evicting him. It might be that you have to go through the whole rigmarole of formally and legally evicting him, which can be time consuming and potentially costly. Your solicitor will be able to advise properly but it does sound like a likely scenario.

mitogoshi · 27/02/2024 17:30

You need to write a legal eviction notice (look online for a template) which he can show to the council, include a photocopy of the death certificate and a letter from you as executor stating he has no provision in the will.

Soontobe60 · 27/02/2024 17:38

SunshineMummy2 · 27/02/2024 17:24

@Hadalifeonce Thats interesting I didnt realise that. I will contact the council as he is over 65. I don't want him on the street but its been a week of sorting everything in regards to the funeral and keeping everyone happy and sticking to my gran's wishes - i want this all over asap.

With respect, this is Not going to be over with any time soon. As has been pointed out, as he is over 60, and was dependent on your gran, he has got some rights.
The first thing that needs to happen is that someone has to apply for probate. As the executor is deceased, it’s more complicated. It could be you if you’re a named beneficiary in the will. Talking of which, have you got the original will?
the house cannot be sold until probate is granted and currently the waiting times are several months.
https://www.gov.uk/when-someone-dies

What to do when someone dies: step by step - GOV.UK

Check what to do after a death - how to register the death, notify government departments and deal with the estate.

https://www.gov.uk/when-someone-dies

Bigpaintinglittlepainting · 27/02/2024 17:39

We get requests for letters like this at work, it's so he can present as homeless and the housing association can find him a property, I would get a letter done asap.

CormorantStrikesBack · 27/02/2024 17:46

Which city are you in? There was a similar recent thread and people suggested some specific housing charities local to that city/town. People might have suggestions.

Original poster
SunshineMummy2 · 27/02/2024 18:10

@Soontobe60 i am listed executor on the will. And applying for probate has begun as i met wth solicitors already. However my uncle isn't listed as an occupant at the address which will be going up for sale as per my grans wishes.

@CormorantStrikesBack I am in London.

OP posts:
dontcallmelen · 27/02/2024 18:18

@SunshineMummy2 sorry for your loss.
similar situation happened with my neighbour, he was formally given an eviction notice the local CAB helped him with application for older persons local authority housing he also got support accessing various benefits he was housed very quickly im in London must admit was pleasantly surprised that the wait was short, it helps I think that this type of housing isn’t as overwhelmed as housing for families.

Hadalifeonce · 27/02/2024 18:21

We didn't wait for probate, I offered to send the council a copy of the will to prove he would have to leave the house. As he was known to them, on benefits, they were happy without a copy of the will, or a letter to evict him.

Original poster
SunshineMummy2 · 27/02/2024 18:24

@Hadalifeonce ok , did you speak to the housing department? as my gran owned her home and its not a council property i was unsure of which department. My solicitor has not been of much help clearly!

OP posts:
AllThePotatoesAreSinging · 27/02/2024 18:46

SunshineMummy2 · 27/02/2024 18:10

@Soontobe60 i am listed executor on the will. And applying for probate has begun as i met wth solicitors already. However my uncle isn't listed as an occupant at the address which will be going up for sale as per my grans wishes.

@CormorantStrikesBack I am in London.

It doesn’t matter if he’s listed as an occupant. You admit he lives there and has done so for many years. You are serving him with an eviction letter. I think you need a frank discussion with your solicitor as this could well result in a contentious probate claim, and you need to be prepared for that.

Georgyporky · 27/02/2024 19:09

He wants to be evicted, so go ahead.

The Council need to have proof of this in order to re-house him.

ReadingSoManyThreads · 27/02/2024 19:11

SunshineMummy2 · 27/02/2024 17:24

@Hadalifeonce Thats interesting I didnt realise that. I will contact the council as he is over 65. I don't want him on the street but its been a week of sorting everything in regards to the funeral and keeping everyone happy and sticking to my gran's wishes - i want this all over asap.

Please listen to me, you need to speak with an Eviction Specialist to guide you here. There is someone who is highly recommended amongst Landlords, he's called Mark Dawson, from AST Assist. He's extremely skilled at successful evictions, and is cheaper than using a solicitor. The council will likely not give you advice in your favour, which is why you need an independent Eviction Specialist. Mark's details are: (I've no affiliation to him, I just know how great he is from Landlord circles)

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Gonnagetgoingreturnsagain · 27/02/2024 19:18

Soontobe60 · 27/02/2024 17:38

With respect, this is Not going to be over with any time soon. As has been pointed out, as he is over 60, and was dependent on your gran, he has got some rights.
The first thing that needs to happen is that someone has to apply for probate. As the executor is deceased, it’s more complicated. It could be you if you’re a named beneficiary in the will. Talking of which, have you got the original will?
the house cannot be sold until probate is granted and currently the waiting times are several months.
https://www.gov.uk/when-someone-dies

Show quote history

I’d take this advice. Could he contest the will as he was supported by his DM?

godmum56 · 27/02/2024 19:25

SunshineMummy2 · 27/02/2024 16:55

@Flensburg Thank you that is very kind. She removed him from the will after an argument and him being very verbally abusive towards her. She later told him and he accepted it so it is not a secret. He knows there are no provisions for him but i cannot leave him homeless. I also cannot pay for his bills either if it was to come to that. He is on JSA and disability benefits i imagine.

its not YOU. You are the executor of your grandmother's estate and its your legal duty to abide by her wishes as expressed in her will. In some circumstances, an executor can (and sometime MUST) do things that the person would not wish to do.