How to evict a family member.

[TurnOffTheTv]

Hi I was hoping someone could help please!

I'm an executor for Grandmother's estate, she died last year and in her will stated that the house was to be sold and the money split between the four surviving children.

The problem is her son has been living there rent free for the last ten years. He is unemployed but does have a private pension of about £500 a month that he lives on. I knew it was going to be difficult to get him out of the house as he has no money to rent somewhere, he is also an alcoholic which isn't helping the situation

The house is now on the market and he's starting to make a fuss about everything, locking siblings out of the house etc. so they can't get in to sort any of her stuff. I heard yesterday he is going to a solicitor this week to contest the will, for what, I do not know.

How can we get him out? can we evict if he's not a tenant? if he's classed as an excluded occupier can we apply for a possession order ourselves?

Thanks in advance for any help!

Talk to a solicitor. it is the only way.

Contesting a will costs a lot of money and a solicitor will only take the case on if evidence of coercion or dementia etc or will changed at last minute...his attempt will only slow down the probate etc for a while and only buy him more time in an expensive way....my grandmother started to contest her sisters will as she had dementia and there was evidence of coercion but ultimately dropped her legal action due to rising costs....not sure if he has extra claims as been living there for so long....good legal advice is needed here for you.

Solicitors appointment for me then!

Agree with making a solicitor's appointment as you can't really sell the house without vacant possession i.e. any adult living at the house needs to agree to move out.'
I would have thought that is your grandmother intended him to stay living there after her death there would have been something written down in her will to that affect though. Dividing the property between surviving children is fairly standard though and shouldn't come as a surprise really.
It's possible that this person could count as a vulnerable adult and that they will need help and support e.g. from social services to find alternative accommodation.