Areas of Law / Property

My mother-in-law left a farm to one of her sons, and stated in her will that his brother should be allowed to live there during his lifetime. The son who was left the farm has now died, and the rest of the family would like to sell up, but the brother won’t move out. Can he stay indefinitely?

You will have to ask a solicitor to look at the terms of the will in detail, but on the face of it your mother-in-law intended both her sons to have the option of remaining at the farm to the end of their days. The remaining brother will probably have the responsibility of insuring and maintaining the premises. It may be possible to force him to do this, but I think it will be difficult to get him out if he’s determined to stay.

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