Areas of Law / Wills and Probate

My mother is a widow and owns her house. My brother is still living with her. If my mother died without making a will would he have a right to stay in the house?

Your brother would obtain a beneficial interest in the house under the intestacy rules. This would give him a right of occupation under section 12 of the Trusts of Land and Appointment of Trustees Act 1996. On your part you could apply for an order imposing conditions on your brother’s occupation – for example that he should pay you rent equivalent to 50% of what you would get if you were to let the house on the open market. But it’s unlikely that you could actually force him to sell the house. It would simplify matters if your mother made her intentions clear in a will.

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