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Brother Refusing to Leave Probate Property even after Court Order

29 replies

JustGreyScroller · 21/03/2025 07:04

My older brother and I are executors of our late father’s estate, and we are also beneficiaries along with two other siblings. I currently live in the property with the youngest sibling, who is one of the beneficiaries.

We’ve obtained a possession order from the court, which required him to leave by a certain date, but he has not complied. We are now just waiting for the bailiffs to act. He also stopped paying bills last year, leaving me to cover them.
The youngest sibling is living in the property with his son, who is also being evicted at the same time. He has been verbally abusive, sending us voice messages and occasionally swearing at me in person.
Last year, we put the property on the market, but he sabotaged the sale. He told a potential buyer that he wanted more money or he wouldn’t leave, causing the buyer to withdraw. He also blackmailed my brother and me, demanding money in exchange for vacating.

He’s now upset that we’re evicting him and took legal action. He claims we’re selling the property too cheaply and says we owe him £50k. However, the property was listed for £1.2 million, with 30 viewings. We received 4 offers: two under £1 million, and two at £1.1 million, with one offer at £1.125 million, which we accepted. He believes the property could sell for £1.4 to £1.5 million.
We went to court, and he told the judge he has nowhere to go. The court issued a costs order against him for £4k, which he hasn’t paid. The 28-day deadline for him to vacate has passed, and he’s still refusing to leave. I’ve instructed our solicitor to proceed with the next steps in the eviction process.

OP posts:
JustGreyScroller · 25/03/2025 14:27

redphonecase · 25/03/2025 11:52

Wait til he goes out, put all his stuff outside and change the locks?

Me and my older brother has decided to just be patient and follow the eviciton process

OP posts:
JustGreyScroller · 25/03/2025 14:30

Berthatydfil · 25/03/2025 07:23

My dh is/was in a very similar situation except only bil lived in his late df house. He had only moved in a couple of years before.

He then changed the locks and refused access.

There is a lot of back story and complicated family rekationships. Also nobody else was living in the house.

Dh did get a solicitor but they weren't great so has done a lot of this alone. Long story short dh got a county court order for possession a couple of months ago. The notice was ignored and he refused to move out. Dh was also aware that county court bailiffs had a massive waiting time and no certainty of success.

However because bil was not a tenant dh found out he was entitled to apply for a high court writ of possession which was granted and he was able to get high court enforcement officers to do the eviction. The waiting times are much shorter and they have more powers than county court bailiffs and can bring locksmiths etc.

Obviously this may not be the same in your case.

The county court was in October and the eviction took place at the start of Feb - it would have been quicker except the courts don't grant evictions over the Xmas period.

All that happened a few weeks ago. It hasn't been cheap but he is now out.

It might be different because you are living there too.

Thanks for sharing your experience. It sounds like the High Court writ worked well for your situation, especially with the shorter waiting times and extra enforcement powers. I agree it might be different in my case since I'm living here, but it’s helpful to know there are alternative options if things drag on with the County Court.
As you saw, my solicitor advised sticking with the County Court route, so for now, I’ll follow their recommendation. But if things don’t progress as hoped, I’ll definitely consider the High Court writ as a backup option.

OP posts:
NeedToAskPlease · 03/05/2025 21:31

@JustGreyScroller have you managed to progress any further?

TheGoldoffEternal · 18/08/2025 12:34

What happened op

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