Areas of Law / Wills and Probate

My mother died more than 30 years ago without leaving a will. She had three sons. One stayed on in the house and still lives there. His two brothers (including myself) were quite happy about this, but one has now died. He had four children of his own. Are they entitled to a share in the house when the brother who’s living there now dies?

Yes, they are entitled to divide between them the third share that their father had in the property, unless of course he made a will leaving it to someone else. Technically neither you nor your nephews have to wait for your brother’s death before claiming your shares in the house: you can demand your shares now. However if your brother refused to move out a court might be reluctant to evict him if he’s old and has nowhere to go.

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