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A Sibling Living in a Deceased Parent's Home: Your Options

Executors can usually require the property to be vacated, but take advice.

A Sibling Living in a Deceased Parent's Home: Your Options Residential Property Services in London

Updated October 2026 · Fraser Bond

Inheritance · Disputes

When a sibling won't move out

Executorsdecide
The willmatters
Mediationfirst
Courtlast resort
In short: If a sibling is living in a late parent's house and won't move out, the starting point is the will and who the executors or administrators are. The personal representatives normally have the power to sell or let the property and can ask the occupier to leave, giving reasonable notice. If they won't, a possession claim may be needed. The sibling may have rights if the will gives them a home, or a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Mediation is usually faster and cheaper; get advice from a probate solicitor.

Frequently asked questions

Can an executor evict a beneficiary?

Often yes, through court if necessary.

Can they claim a share?

Possibly, under the 1975 Act.

Selling an inherited home?

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