Help evicting someone from a deceased persons property
Discussion
Hello, well where to start.
Could do with a few points or steps to follow as to such a s
t show this is turning out to be.
My MIL sadly lost her mum recently, and now shes sorting out the estate for probate etc, however her brother is the nastiest person you would want to meet. I'll give you a description- someone who is on crack cocaine, a whirlwind or threats and no regard to anyone or thing. Stole thousands from his mother, never paid a bill or anything in his life, just abused people.
He was staying at his mums house in a caravan on the drive with his girlfriend (both in their 60s). However he was sent to prison we believe for threatening to kill someone, assaulting his 83year old mother and assaulting a police officer. Charming bloke,
His mother died while he was in prison, and so my MIL's solicitor dealing with the will advised, the locks to be changed and house be put up for sale as per instruction of the will immediately.
Well hes out now, and hes not happy. We have had to cancel viewings and probably pull the house from the market, for fear of him getting into the house or threatening anyone who turned up.
Hes been removed as an executor from the will, not allowed into the property and has been given notice to remove the caravan and car from the drive asap.
Well today hes broken into the house, apparently drilling the locks out and has moved his belongings in. A couple of neighbours have phoned the police on two occasions fearing a break in, however they've left not long after turning up with no arrests. Assuming hes convinced them its his mothers house and he can stay there.
Question is, where do you go from here and what to expect. The solicitor dealing with the case is away for a few weeks now. We are assuming its gone to a new stage where we may have to get some sort of injunction out against them so they cant be near the property? Bailiffs? Would also be nice if we knew if we have the authority to get the vehicles removed (if possible).
We guess this now could take a while to sort, and any help would be appreciated!
Could do with a few points or steps to follow as to such a s
t show this is turning out to be.My MIL sadly lost her mum recently, and now shes sorting out the estate for probate etc, however her brother is the nastiest person you would want to meet. I'll give you a description- someone who is on crack cocaine, a whirlwind or threats and no regard to anyone or thing. Stole thousands from his mother, never paid a bill or anything in his life, just abused people.
He was staying at his mums house in a caravan on the drive with his girlfriend (both in their 60s). However he was sent to prison we believe for threatening to kill someone, assaulting his 83year old mother and assaulting a police officer. Charming bloke,
His mother died while he was in prison, and so my MIL's solicitor dealing with the will advised, the locks to be changed and house be put up for sale as per instruction of the will immediately.
Well hes out now, and hes not happy. We have had to cancel viewings and probably pull the house from the market, for fear of him getting into the house or threatening anyone who turned up.
Hes been removed as an executor from the will, not allowed into the property and has been given notice to remove the caravan and car from the drive asap.
Well today hes broken into the house, apparently drilling the locks out and has moved his belongings in. A couple of neighbours have phoned the police on two occasions fearing a break in, however they've left not long after turning up with no arrests. Assuming hes convinced them its his mothers house and he can stay there.
Question is, where do you go from here and what to expect. The solicitor dealing with the case is away for a few weeks now. We are assuming its gone to a new stage where we may have to get some sort of injunction out against them so they cant be near the property? Bailiffs? Would also be nice if we knew if we have the authority to get the vehicles removed (if possible).
We guess this now could take a while to sort, and any help would be appreciated!
Stakeknife said:
Hello, well where to start.
Could do with a few points or steps to follow as to such a st show this is turning out to be.
My MIL sadly lost her mum recently, and now shes sorting out the estate for probate etc, however her brother is the nastiest person you would want to meet. I'll give you a description- someone who is on crack cocaine, a whirlwind or threats and no regard to anyone or thing. Stole thousands from his mother, never paid a bill or anything in his life, just abused people.
He was staying at his mums house in a caravan on the drive with his girlfriend (both in their 60s). However he was sent to prison we believe for threatening to kill someone, assaulting his 83year old mother and assaulting a police officer. Charming bloke,
His mother died while he was in prison, and so my MIL's solicitor dealing with the will advised, the locks to be changed and house be put up for sale as per instruction of the will immediately.
Well hes out now, and hes not happy. We have had to cancel viewings and probably pull the house from the market, for fear of him getting into the house or threatening anyone who turned up.
Hes been removed as an executor from the will, not allowed into the property and has been given notice to remove the caravan and car from the drive asap.
Well today hes broken into the house, apparently drilling the locks out and has moved his belongings in. A couple of neighbours have phoned the police on two occasions fearing a break in, however they've left not long after turning up with no arrests. Assuming hes convinced them its his mothers house and he can stay there.
Question is, where do you go from here and what to expect. The solicitor dealing with the case is away for a few weeks now. We are assuming its gone to a new stage where we may have to get some sort of injunction out against them so they cant be near the property? Bailiffs? Would also be nice if we knew if we have the authority to get the vehicles removed (if possible).
We guess this now could take a while to sort, and any help would be appreciated!
Try the police yourself with all the relevant info stating that it isn’t his. That’s going to be the quickest and cost effective way to get it sorted. It all gets longwinded and possibly expensive after that. Could do with a few points or steps to follow as to such a s
t show this is turning out to be.My MIL sadly lost her mum recently, and now shes sorting out the estate for probate etc, however her brother is the nastiest person you would want to meet. I'll give you a description- someone who is on crack cocaine, a whirlwind or threats and no regard to anyone or thing. Stole thousands from his mother, never paid a bill or anything in his life, just abused people.
He was staying at his mums house in a caravan on the drive with his girlfriend (both in their 60s). However he was sent to prison we believe for threatening to kill someone, assaulting his 83year old mother and assaulting a police officer. Charming bloke,
His mother died while he was in prison, and so my MIL's solicitor dealing with the will advised, the locks to be changed and house be put up for sale as per instruction of the will immediately.
Well hes out now, and hes not happy. We have had to cancel viewings and probably pull the house from the market, for fear of him getting into the house or threatening anyone who turned up.
Hes been removed as an executor from the will, not allowed into the property and has been given notice to remove the caravan and car from the drive asap.
Well today hes broken into the house, apparently drilling the locks out and has moved his belongings in. A couple of neighbours have phoned the police on two occasions fearing a break in, however they've left not long after turning up with no arrests. Assuming hes convinced them its his mothers house and he can stay there.
Question is, where do you go from here and what to expect. The solicitor dealing with the case is away for a few weeks now. We are assuming its gone to a new stage where we may have to get some sort of injunction out against them so they cant be near the property? Bailiffs? Would also be nice if we knew if we have the authority to get the vehicles removed (if possible).
We guess this now could take a while to sort, and any help would be appreciated!
Once that’s done you can’t live by his threats and disrupt your plans to sell. Carry on as normal and if he appears call the law again. Fingers crossed for you.
You say he is no longer a named executor, is he listed as a beneficiary in the will?
Is he listed anywhere as a resident of the property? Council tax, electoral role, any bills?
Sounds to me that he is squatting, breaking and entering, etc, so the police should act.
https://www.gov.uk/squatting-law
Is he listed anywhere as a resident of the property? Council tax, electoral role, any bills?
Sounds to me that he is squatting, breaking and entering, etc, so the police should act.
https://www.gov.uk/squatting-law
Edited by megaphone on Thursday 21st May 07:26
We have been in contact with the police ourselves, gave descriptions and stated noone is allowed into the property, but they don't seem to be taking the breaking an entry seriously and I think they have closed the case stating its a civil matter. Which needs a complaint really.
We are also in contact with his probation officer who knows he isn't allowed into the property, although we've not been able to get hold of her since he's actually got into the house . Maybe they have more luck with the police.
He is a beneficiary on the will. Well for the time being. He doesn't deserve a penny. Any costs and rent I'm sure would be taken from his half of the proceeds of the estate.
On a lighter note I did suggest "taking a hit" in the hope it could get him recalled to prison but we'll see about that. We won't rule any options out yet.
We are also in contact with his probation officer who knows he isn't allowed into the property, although we've not been able to get hold of her since he's actually got into the house . Maybe they have more luck with the police.
He is a beneficiary on the will. Well for the time being. He doesn't deserve a penny. Any costs and rent I'm sure would be taken from his half of the proceeds of the estate.
On a lighter note I did suggest "taking a hit" in the hope it could get him recalled to prison but we'll see about that. We won't rule any options out yet.
Continue on with the police, speak to the local policing inspector and let them know the facts and that if they don't act, then you will pursue a complaint against them.
Too often these days, complaints of criminality are fobbed off with the 'civil matter' rubbish. Forces don't like recording potentially serious offences against their stats, it makes them look bad. From what you say, and there is the caveat that we possibly don't have all the info, he has no right to be there, it's not his property so therefore he's entered the property illegally.
Depending if he is there with a view to steal property from the address (maybe likely given his drug background?) or to damage the property in any way, then it's a Burglary under the Theft Act 1968. There's then other potential offences as well if the Burglary one doesn't fit.
I've had a recent incident where the local force were adamant it was civil, tried fobbing me off constantly. I kept pushing it until they agreed it was potetially criminal and opened an investigation.
Too often these days, complaints of criminality are fobbed off with the 'civil matter' rubbish. Forces don't like recording potentially serious offences against their stats, it makes them look bad. From what you say, and there is the caveat that we possibly don't have all the info, he has no right to be there, it's not his property so therefore he's entered the property illegally.
Depending if he is there with a view to steal property from the address (maybe likely given his drug background?) or to damage the property in any way, then it's a Burglary under the Theft Act 1968. There's then other potential offences as well if the Burglary one doesn't fit.
I've had a recent incident where the local force were adamant it was civil, tried fobbing me off constantly. I kept pushing it until they agreed it was potetially criminal and opened an investigation.
As he is a beneficiary in the will he will legally have to receive his share, the executors are legally bound by the will. What 'share' is he getting of the estate?
He likely knows the house is partly his, he has likely told the police it is his and they have accepted this.
Looks like the legal route will be your best option. It will all get expensive, eat up the value of the estate.
Do you have the funds to pay him off?
He likely knows the house is partly his, he has likely told the police it is his and they have accepted this.
Looks like the legal route will be your best option. It will all get expensive, eat up the value of the estate.
Do you have the funds to pay him off?
Edited by megaphone on Thursday 21st May 08:56
He will be entitled to 50% of the estate.
She's spoken to the probate officer who now insists it's a civil matter, basically this case isn't a priority to them.
A police Sergeant has left his details and I'm sure there will be some contact shortly, which I'll update on.
He could decide to contact the estate agents and continue the sale, very unlikely since he reckons it's all his house and would burn it down otherwise. I'm sure my MIL will be contacting the solicitor who is temporarily looking after this to start any other legal proceedings where possible.
She's spoken to the probate officer who now insists it's a civil matter, basically this case isn't a priority to them.
A police Sergeant has left his details and I'm sure there will be some contact shortly, which I'll update on.
He could decide to contact the estate agents and continue the sale, very unlikely since he reckons it's all his house and would burn it down otherwise. I'm sure my MIL will be contacting the solicitor who is temporarily looking after this to start any other legal proceedings where possible.
If the solicitor is away for a few weeks, get a new one, or at least one that specialises in complex evictions. Also make sure the Land Registry are aware that a transaction has not taken place in his favour.
I did wonder if you could formalise his occupation with a tenancy agreement then sell it from under him as a house with a sitting tenant and let the new landlord deal with him. He won't be the first difficult tenant the kind of landlord who buys places with sitting tenants have dealt with, and the estate will have 80% of the "value" of the property now rather than 100% less a massive legal bill in two to four years.
I did wonder if you could formalise his occupation with a tenancy agreement then sell it from under him as a house with a sitting tenant and let the new landlord deal with him. He won't be the first difficult tenant the kind of landlord who buys places with sitting tenants have dealt with, and the estate will have 80% of the "value" of the property now rather than 100% less a massive legal bill in two to four years.
My thoughts based in no legal knowledge and not actually knowing the guy:
If he is entitled to 50% of the house then would it work to give him the value of 50% of the property.
This can then either be:
- The amount required to buy out the remaining half of the property and remain there.
- The amount he will receive as a beneficial of the will.
Suspect that he won't be able to do the first one, then the second one might become a carrot to get him to play along and get the money in his back pocket.
If he is entitled to 50% of the house then would it work to give him the value of 50% of the property.
This can then either be:
- The amount required to buy out the remaining half of the property and remain there.
- The amount he will receive as a beneficial of the will.
Suspect that he won't be able to do the first one, then the second one might become a carrot to get him to play along and get the money in his back pocket.
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