Evicting my brother and his son?

Evicting my brother and his son?

A red model house, wooden figures and a question mark
12:01 AM, 21st March 2025, 1 year ago 5

My older brother and I are executors of our late father’s estate, and we are also beneficiaries along with two other siblings. I currently live in the property with the youngest sibling, who is one of the beneficiaries.

We’ve obtained a possession order from the court, which required him to leave by a certain date, but he has not complied. We are now just waiting for the bailiffs to act. He also stopped paying bills last year, leaving me to cover them.

The youngest sibling is living in the property with his son, who is also being evicted at the same time. He has been verbally abusive, sending us voice messages and occasionally swearing at me in person.

Last year, we put the property on the market, but he sabotaged the sale. He told a potential buyer that he wanted more money or he wouldn’t leave, causing the buyer to withdraw. He also blackmailed my brother and me, demanding money in exchange for vacating.

He’s now upset that we’re evicting him and taking legal action. He claims we’re selling the property too cheaply and says we owe him £50k. However, the property was listed for £1.2 million, with 30 viewings.

We received 4 offers: two under £1 million, and two at £1.1 million, with one offer at £1.125 million, which we accepted. He believes the property could sell for £1.4 to £1.5 million.

We went to court, and he told the judge he had nowhere to go. The court issued a costs order against him for £4k, which he hasn’t paid. The 28-day deadline for him to vacate has passed, and he’s still refusing to leave.

I’ve instructed our solicitor to proceed with the next steps in the eviction process.

Jerry


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Comments

  • Member Since September 2024 - Comments: 95

    10:19 AM, 21st March 2025, About 1 year ago

    Given that you are the executor, and he is a joint beneficiary, there seems to be an easy answer to recovering your costs and giving him some money to encourage him to leave immediately.
    Take out a loan, pay him off, repay loan from sale of house, deduct all costs (including the costs of eviction) from his share.
    Or am I missing something?

  • Member Since August 2016 - Comments: 508

    10:52 AM, 21st March 2025, About 1 year ago

    What a totally horrible situation! It illustrates the truth that has been evident since time began to anyone at arm’s length, especially solicitors: trust disappears out of the window as soon as money and the prospect of more enters the door.
    You will have to treat these people at arm’s length and follow your solicitor’s advice.
    But still check your car tyres in the mornings!

  • Member Since March 2025 - Comments: 1

    11:59 AM, 21st March 2025, About 1 year ago

    Reply to the comment left by Steve Rose at 21/03/2025 – 10:19
    I’m quite patient, I’ll just wait for the bailiefs to come

  • Member Since October 2020 - Comments: 1178

    12:11 PM, 21st March 2025, About 1 year ago

    I’m not sure what your question is, but it sounds like you’ve done all the right things and once they’re out and it’s sold, you should be able to recover your costs from the sale proceeds.

  • Member Since April 2023 - Comments: 91

    9:25 AM, 22nd March 2025, About 1 year ago

    How sad for siblings to become so embittered over profiting from their late father’s estate.
    I cannot see any question posed by the author Jerry, so this does seem more of a ‘public ‘sibling bashing exercise’ to me.

    I hope for your late father’s memory this fractured sibling relationship can be mended…at some point.

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