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Living in Grandmother's house

Please can you ask Brian what I can do about this problem. I am living in my grandmother’s house for 5 years now. She died 3 years ago and we cannot find her Will. Thank you. Anonymous.

If there is no Will then the rules of intestacy apply and this listener’s grandmother’s estate (including the house) would be divided two thirds to the listener’s grandfather and one third divided equally between her children.  If the grandfather has died before the grandmother then the estate would be divided equally between all the children.   Although a grandchild is a category of entitlement under inheritance law it does not arise if all of the children of the deceased are living – the grandmother in this case.

 

As an alternative the idea of prescription or “squatter’s rights” could be considered after being in possession of the house exclusively for more than 12 years. 

 

Finally it is interesting to see the words used by this listener “we cannot find her Will”.  Does this mean that they know there is a Will but do not know where it is?  - it might be with the grandmother’s solicitors or if that is not the case and you come across a copy of the Will then it might be possible to get a Court Order to allow the copy be used for Probate purposes.  

 

Either way my advice is to see a solicitor who is experienced in Probate Law for further advice.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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