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No Will and person residing in house

Where there is no Will made and a number of people own a house and there is one person residing in the house, does that person have a claim on the property as well as administrative control over it? Tommy, Athlone.

Tommy,  If I understand you correctly that a nearest relative died  (father / mother)  without leaving a Will and a number of people (probably the children)  now own or are entitled to own the house but there is one person living in it.    If the person living in it has no Lease or other title document and has been living in the house for the past 12 years continuously and behaving as if they own the place then they may have “squatters rights”.     If they have not been there within 12 years (or say the relative who owned the house died within 12 years) then it would be important to clarify the legal status of the present resident.

This would mean that you would have to take out Letters of Administration in the estate of the owner and administer the estate in accordance with the law.   It would also mean that the estate administrator would have to issue Court proceedings as soon as possible to defeat this resident’s claim to squatters rights.

Incidentally, if the resident had a right to share in the estate of the deceased relative (including the house) then they may not be able to claim squatter's rights 12 years or no 12 years. Talk to your solicitor.

 

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