What happens if a sibling refuses to leave an inherited property?

[rikesays]

Brother living in jointly inherited property, worth originally around 300UK pounds…not sure and don´t want to think of the state of the house and worth now!
Refusing to answer the executor´s requests as to when he will move out , so the property can be sold and shared equally between 3 siblings, no other beneficiaries.
He has lived his whole life with one parent, never paying rent, never paying household bills until our father passed, 4 years ago…and has only worked 2 years of his life.
He has lived rent free in the 3 bedroomed house since Dad´s death, only paying bills.
He is now mid 40s
His income/savings are purely from other relatives´ wills.
He is refusing to converse with the executor, and has dishonestly stated that his 2 siblings have agreed that he can stay on in the home.
What would be the proccess now in the UK , including timescales and costs…hopefully to him and not the estate.
This is in the hands of the executor, and probably courts, but just wondering if anyone has experience of how it pans out, and if the estate will be worth anything after 4 years ( Dad passed 4 years ago) and maybe what to expect.
Thank you!!!!

Legally I don't know OP, but I would get the other two siblings to formally write to the executor stating that they have not agreed to this. I would expect him to back pay rent (now or when sold), and also inform the executors that the other siblings require him to be maintaining the property as appropriate. Also that it needs to be vacant to sell. That way you can ensure it's clean and tidy for viewings and that he does actually move once it is sold. I would impress on the executors that the other two siblings want it sold and it has gone on for too long.
Worst case I assume would be following some form of eviction process - I'm not familiar with that at all.

That sounds incredibly difficult. He's putting his own needs and wants over his relationship with his siblings.

Is there any way the damage he's done to the house over the last few years can come out of his eventual share?

Is there a sibling or other relative close enough to him (in terms of trust, not journey time) to help him through the process?

Show him how he could buy somewhere smaller, support him through the process? And get him out that way?

Because even after a brutal and costly legal process he will need to be housed elsewhere

Just because people are siblings doesn't mean they have to get on or even like each other. I doubt he is bothered about his relationship with his siblings going down the pan tbh. He isn't engaging as it is, just flipping the bird at everyone.
I would take legal advice on how to get him removed, through the proper channels and hope the house isn't too trashed in the meantime, but what does he stand to lose apart from a roof over his head and possibly a few grand left to him after 4 years?
If he's made homeless the council will step in anyway with a hostel or temporary housing.
Whatever happens he's still a cf.

He clearly doesn't give a hoot about his siblings!

How has this dragged out 4 years?! What is the executor doing - is the house on the market?

Can't sell it if someone is residing in it, he has an interest in the property. OP and sibs have to go through the correct channels to have him removed, then put house on the market.

Application to the court for an order for sale under ToLATA. He has no defence to this.

has he lived there a long time? Was financially dependant on the deceased 6 years prior to death? Could he have a life interest in the property?

Is OP coming back to answer questions I wonder?

This is a matter for the executor to deal with, not OP and her other sibling as some posters seem to think. As he was not paying any rent, the executor needs to give him notice to leave the property and sever any licence to occupy the deceased may have granted. If he still refuses to leave, the executor can take legal action to get him out.

Ask the executor to issue an eviction notice. They will have to give several months then go to court. It will probably take about a year to get property back. In the meanwhile the executor can charge rent for the property. If he doesn't pay the rent it can come out of his share of the sale of the house.

If the executor starts charging rent, OP's brother will be a tenant. Probably best to avoid that.

a very good point, thank you. I have heard they are much harder to remove then....

I think it has come to legal action, but I don´t know any details. Thank you

thanks for writing....He´s never left home, actually. I wouldn´t say he was financially dependent on Dad.....more that Dad paid for everything, and my brother didn´t spend much, especially not on bills or rent.

we are leaving it in the executor´s hands...just looking for any 1st hand experiences of going through this and the cost and time involved...and maybe success rate. Thank you

thanks for writing.
the house can´t go on the market as he is still living there , and doesn´t answer any requests from the executor about his plans to vacate.
I have no idea what the executor is doing in all this time...I just foresee Dad´s estate and everythng he worked for being squandered on legal costs , while all the time , our brother continues to live rent free in a 3 bed semi with garden.

to be honest, I love him completely, but there was never much of a relationship between any of us when we became adults....all scattered in different cities, and not very sociable with each other. Dad was really the glue of the family.

No they won't, not if he stands to inherit 1/4 of a property.

I hope to God that the deteriation/ depreciation of the house and garden will come out of his share!!...things is, it´s probably near impossible to prove that it´s down to him, and what is natural wear and tear. I do know, that in the 4 years since Dad passed, he has saved 10s of thousands on renting a place....which makes me slightly bitter ( him doing nothing all day, all his life, not self employed, not studying, not travelling....and me and my other brother, working hard since we were 18 / studying, often a 2nd job, and paying rent, mortgage and bills!....like anyone else)

But having read a couple of bits of advice here, thanks....I do now think asking at this stage for rent, and back rent would give him more power somehow, because he would be in a different legal standing and would have new rights.

thanky you....this was the idea 4 years ago.
we could have each received a wonderful third of Dad´s estate, with no mortgage and no debt on the estate.
I wanted to help him to leave home for the 1st time, help look for a flat for him, etc....we gave him time , we even said it was fine for him to stay a year rent free in Dad´s home....but he threw us under the bus, made all sorts of accusations about us , banned us from visiting Dad´s home from the day after his funeral and to this day,etc...

so things have really progressed since that day!

@rikesays
Hi Op.
This isn’t meant as a criticism, just an observation and I am in agreement with you that your brother should move and the house be sold.

When your brother has lived outside of the cultural norm all his adult life and has become even more resistant to changes after your father’s death, you knew this issue would likely arise when you said he could have a year to sort himself.

From the sounds of things your brother needs a 360 intervention to get all the things in place that are required to move out of the home. I presume you know that it’s not a case of “just moving out” in that more likely than not there will be major mental health issues going on with your brother, even if he could have kept them mostly hidden.

I think that yes, legal action is required, but also, a man in his 40’s doesn’t live at home with no job and partner for the fun of things. That’s the truth. You say you feel peeved that he’s been living like this, but in all honesty, who would choose his life?

I think it’s a case of paying for outside help to aid with the transition from this home to another, otherwise he’s a risk of severe deterioration in his mental health. In the same way a hoarder needs intervention, I don’t think you can expect him to sort his life out and move out without help.

Thank you! I agree 100% and will answer when I finish work, we have gone down this route but can explain more later. Thank you for wonderful message!

My mil is 82 and in poor health. She has will leaving her house and asserts split equally between DH and his brother. Bil lives at home and has never left except for uni many years ago. He works full time but only pays towards food and utilities as no mortgage on house. DH fully expects after his Mum passes his brother will refuse to move out. DH and bil both executors of mil will. DH has said he will suggest to his db he has 1 year to find a smaller house or flat and he will offer to help him find one locally to his bil job. Bil won't damage house and best scenario might be for bil to buy DH half from him if bil will do that when time comes.