Late parents' estate - complications

[butterfly0404]

I posted a thread earlier this week about my late mum's estate, liability for inheritance tax and the complication of my nephews running their groundwork business on a piece of land my my mum owned.

Today I arrived at the property with a Surveyor to conduct a valuation to find one of my lawless hillbilly nephews has taken my late mum's car to use as their own, despite it being SORN'd when I did the 'update all Gov organisations' to cancel the tax.

I've had to report it to the police as being taken without consent.

I was screamed at down the phone by older nephew that no one will stop him using the land and if the house gets boarded up, he will just unboard It and use it anyway. I'm dealing with lawless fuckwits who have never ever had anyone say no to them. They just do as they please.

I'm now making mum's funeral a direct cremation with no attendance as they will all turn up and sabotage it like they they did my dad's funeral.

I'm literally in despair at how they can disrespect their grandmother's memory like this.

Sorry.

Have you sent them a solicitor’s letter to leave the property? (I know they wont, but first steps and all that). Have you cut the gas and electric off?

That is absolutely bloody awful. PLEASE ensure that the house is insured before one of these idiots vandalises or torches it.

It would be worth advising the police of the threatened breaking and entering, for obvious reasons.

I remember your earlier thread, what a nightmare.

I'd be slightly concerned they may have acquired some sort of continuous use right to be there.

Personally I'd cut off utilities to start with.

Sorry about your Mum, last thing you need at this time.

First meeting with Solicitor is tomorrow morning, my mum only died last Monday. She was terminally ill, my brother even turned up drunk at the hospice she was in and started shouting at the nurses. It was horrific. Honestly I've had over 50 years of their horrendous attitudes. My brother is a lawless, drug taking drunk and he raised two kids exactly the same unfortunately.

I can't turn the utilities off, they will just turn them back on again at the mains. They will break into the house if necessary. The electric will have to be cut off by the electric supplier, there is no gas as its on oil but with no electric the boiler won't work. I'm going to ask the solicitor to do this ASAP.

They haven't luckily, they can't claim adverse possession, usage was with permission and not for anywhere near long enough. They all have their own homes, one nephew has a luxury 4 bed house in Cheshire despite being bankrupt !

They have a key to the back door, they aren't at the moment breaking in but have said they will if it gets boarded up. Unfortunately the Plod are useless, they have already been out when brother turned up threatening me at the property on Friday, they said it was a civil matter, nothing to do with them

Hi there i may be telling you what you already know, The relatives occupying the land have no right to enter the property or use utilities.

So get all services cut off by suppliers, and in writing tell them they are not authorised to reconnect, by anyone but you as executor, who will not accept any liability to the estate if they do not follow said instruction.

Have a proper locksmith change the locks, as another locksmith will not do a further change at some one else’s instruction

And/or get the property fully secured using a sitex company that can provide impenetrable hoardings.

The costs being against the estate.

If i were you, but i am very very, uncompromising, i would have all their property towed off site in the dead of night, if that were possible.

Absolutely this is the way to go ,however their stuff is HGV vehicles, heavy diggers etc so not quite as easy as it sounds. The land is fenced off but easily penetrative.

They are also subletting to a scaffolding company and all their shite is on site too.

I think cutting off the services is the way to smoke them out. Unfortunately they will try every illegal trick in the book to stay there, they are lawless, reckless, up to no good gypsies. (I'm Romany via my late dad's side - they bring shame on the culture)

Make sure the heating system is drained down and the water is shut off, have you sorted unoccupied house insurance?

If the power is off, it will be a condition of the insurance to do the above to prevent burst pipes.

Hope the Solicitor can force the water company to cut the supply. The heating system is oil. There is half a tank of oil in the garden, but the boiler won't work if the electric isn't on....this is an absolute priority.

Also if the power is cut their CCTv to the site won't work...this feels like the best way to get them out plus with the Planning Department at the Local Authority sniffing around, it won't be easy for them.

There is Insurance but not for non-occupation. Again I.going to ask the solicitor to arrange this immediately and get the property boarded up

Romany is a new angle you must know how Romany’s play the planning game which can go on for years and years, (and often i am on their side) Know quite a few Romany folk. I imagine in their male heads it is the same sort of game, which of course it is not.

Therefore hardball is required.

As i said i am an uncompromising sort of person.

Give them formal notice to leave, and say on expiry of said notice you will fence in property to an impenetrable standard, am thinking serious amount of barbed wire and jagged top fencing.

I know am being extreme but you have to think like the enemy in a battle, chuck your kindness out the window!!!

Absolutely right, they are oblivious to any law that might interfere with their business. Like the time they brought a load of heavy duty cannabis to store at my mum's house, she was furious but they did it anyway. It stank the house out.

Thinking about it, they have cuckooed her for years. Sadly she saw their business as an extension of my late dad's but in reality it's not, that went years ago.

My dear poor mum lived in the past and was also remiss somewhat with the legals on what she was permitting.

Have seen a solicitor, he confirmed that it is 50/50 split of land and property between myself and my brother.

The situation with the land being used as a business is that my brother agrees his sons can use it and I would only agree if they pay market rent on both the land and the property.

My overall position is I want to be bought at market value by my brother and leveraging a domestic and commercial rent may be the way to force this.
They also don't have business use for the land and the Local Authority may enforcement action. I could potentially object to them obtaining it thus forcing g them to vacate.

Can't turn the water off, water company won't do this. Enquiring with electricity provider if this can be done.

All in all very tricky

Water companies can't turn off water for domestic customers.

If you make them aware it is a business running there then they may be more amenable.

However it sounds like this is negotiating tactics to get your brother to buy you out.

A lot depends on how much you want. Can he afford to buy you out? Would he be able to get a mortgage?

It's 50/of the estate, subject to final valuation, but potentially my half is worth 325k approx.

He is 55 and not working, unlikely to be able to raise a standalone mortgage but he does have several rental properties, all with BTL mortgages which is how he derives his income. Potentially selling one of these may be the way forward.

He has charges on his main residence, his eldest son forged his signature as guarantor on loans and these are now charged to his property when the son (my nephew went bankrupt) His life, his family and his way of doing things are beyond anything normal.