Will intestacy lead to loss of home?


“Will intestacy lead to the loss of my home?” is a question which is not uncommon.

Only last week I read about the sad case of a woman who, after her mother died, moved into the family home to look after her ailing father.

Unfortunately, neither the father nor the mother had written a will and after the inevitable happened and her father died, the often thorny question of inheritance arose.

Reading between the lines, it sounds as though relations were strained between the woman and her siblings, which led her to ask whether, as the home would be divided between all the brothers and sisters, they could force her to leave? She was particularly concerned as she had nowhere else to go.

The woman was advised to seek the advice of a contentious probate professional without delay, with the aim of making a claim against her father’s estate. Her options were limited to buying her siblings out or giving them rent for their shares. If they didn’t agree to either option, however, they would be entirely within their rights to take her to court in order to forcibly evict her.

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