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My brother-in-law has been living in my wife's family home: I think he will
try to stay put and con my wife out of her inheritance

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   to her inheritance.

   My brother-in-law still lives in the family home with his wife and sons
   and doesn't work.

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   He will then purchase a home with his inheritance including his share
   of the property sale.
   Inheritance worry: Can we charge my brother-in-law rent if he refuses
   to move out of family home (Stock image)
   Inheritance worry: Can we charge my brother-in-law rent if he refuses
   to move out of family home (Stock image)

   Inheritance worry: Can we charge my brother-in-law rent if he refuses
   to move out of family home (Stock image)

   Everything sounds okay to me, but I do not trust that my brother-in-law
   will do the right thing. I suspect that he will refuse to move out of
   the house when the time comes for him to do so.
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   Charlotte Shaughnessy, senior associate at Mills & Reeve, replies: I
   assume that your parents-in-law are leaving the family home to each
   other on the first death and then to your wife and her brother in equal
   shares after they have both died.

   If that's the case, then it will be the executors of the will of the
   second parent-in-law to die who will be responsible for sorting things
   out.

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   have the estate properly dealt with.

   So, as a beneficiary of the estate, your brother-in-law won't have an
   actual right to occupy the property at this stage. But if he doesn't
   move out, what can be done?

Could you evict your brother-in-law?

   Charlotte Shaughnessy: 'If the property is not sold, then your
   brother-in-law should pay rent'
   Charlotte Shaughnessy: 'If the property is not sold, then your
   brother-in-law should pay rent'

   Charlotte Shaughnessy: 'If the property is not sold, then your
   brother-in-law should pay rent'

   Even without any right of occupation, he might still be able to make
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   the property would be in breach of his duty as executor.

   Even if your brother-in-law is not an executor, he may be able to block
   a sale if he can show that he has an interest in the property in his
   own right (not just as a beneficiary of the estate).
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   property can also have an informal tenancy.

   This does not appear to be the case here, but if your brother-in-law
   does have any sort of tenancy, it will need to be terminated before he
   can be asked to move.

   The executors could finish winding up the estate, even if your
   brother-in-law is still refusing to move out.

   If he is still in occupation once the administration of the estate is
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   sale.

Could you ask your brother-in-law to pay rent?

   If the property is not sold, then your brother-in-law should pay rent
   for his continued occupation of your wife's share of the property
   throughout the time he remains there.
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   for a further order.

Is there any action your parents-in-law can take now?

   I expect that, as far as possible, your parents-in-law also want to
   prevent any disputes after their deaths.

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   They may also wish to consider using 'trust based' wills, in which they
   leave the property to independent trustees to sort out, rather than
   leaving it outright to your wife and brother-in-law.

   This would give the trustees more control and could make it more
   difficult for your brother-in-law to occupy the property without
   agreement.
   TOP SIPPS FOR DIY PENSION INVESTORS
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Can my brother-in-law be evicted to stop him blocking sale of house?

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