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Old 01-04-2015, 10:37 AM   #1
Join Date: Mar 2015
Contains bullying - My Family are Bullies.

My mother is a widow with 5 children, the youngest of which is 45. She owns her own home and various other assets. She has made a will dividing all of her estate equally between the 5 of us. My younger sister and I are the executors.
My 45 year old brother has lived with my mother for a number of years, and when my mother recently suffered a stroke he decided to put her in a nursing home. This was against my wishes, but it was difficult to argue with him as he is aggressive and unreasonable.
In the event of her death, where would I stand if he decides to refuse to leave her house so that it can be divided equally?
My siblings would probably agree that he should leave the house and get a flat of his own, but if they decided to support him staying in her house then could they overrule my mother's will? This is in the UK, by the way.

Thank you in advance for your help.

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Old 09-04-2015, 09:47 PM   #2
He was no dragon. Fire cannot kill a dragon
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Join Date: Jul 2007
Location: York
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to be honest I have no idea, not sure many here would know either to be honest as that's a fairly complex legal situration... my first instinct would be to speak to someone like the CAB as they'd be better placed to advise you. My guess would be that if the estate is to be divided according to the will then for your brother to stay in the house either all 4 other siblings would have to agree to it, or he'd have to essentially "buy out" any who did not want it (i.e. pay them their share of the value) but I am not a lawyer so am not really sure

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