Sibling refusing to sell inherited house

[Irina]

I’m in exactly the same position. My Father passed away late last year and his Will left the estate 50/50 between myself and my Sister. Whilst I’d like to sell the property ASAP she intends to move in and keep it for herself. Whilst there is no mortgage there is a charge over the property from the county council for the cost of his care. The only way for this to be repaid is for the property to be sold but for some reason the council seem very laid back about the whole thing and don’t seem to be any hurry to take any action.
Both of us are named as Executors but obviously there is only one “original” Will.
Initially she blocked my Fathers solicitor from releasing the Will to me and I did the same pending legal advice. My solicitor got an undertaking from her that she would honour my Fathers wishes and I would be named joint Executor on the paperwork. My solicitor then advised the Will could be released to her to avoid any further delay.
Since then she has not done anything with the paperwork and is not taking any action….and seems to be deliberately delaying things.
I was diagnosed with cancer last year and when I spoke to her for an update she was pretty forthright in saying “I’m just waiting for you to die before doing anything then I can have the whole thing anyway”
Have to say the whole thing is really stressing me out not helping my health.

See my reply to the OP if that helps you too, I’m happy to answer any questions you have also

[Mace Windu]

See my reply to the OP if that helps you too, I’m happy to answer any questions you have also

Hi, many thanks for posting this – it is very useful and has given me some faith that this will be sorted out… eventually. I’m just really concerned that I will die before this is resolved and I really would like to have the money to leave to my wife and children.
My sister was given the original Will a few months ago on the understanding she would commence probate. It seems she has done nothing in terms of completing the paperwork or applying for probate and is no longer responding to my solicitors letters.
My solicitor has advised that the way forward now is to apply to the Courts have her removed as an Executor but I have no idea how long this will take. May I ask how your Solicitor got the other side to throw in the towel?….as far as I know my sister has no legal representation herself… - her strategy appears to be to put her head in the sand and hope that everything goes away.

[Irina]

Solicitor got the other side to throw in the towel?….as far as I know my sister has no legal representation herself… - her strategy appears to be to put her head in the sand and hope that everything goes away.

Hi,

Happy to help, I know how upsetting this type of situation can be.

I’m paraphrasing, but in my situation, my solicitor advised the executor (my brother) in writing that his legal duty is to simply gather in and distribute the estate to all beneficiaries stipulated in the Will.

He also mentioned the executor’s year (at that point we were at 2 years since my Mum passed) and told my brother he was in breach of his fiduciary duty and must immediately either get on with selling the assets or step down as executor. Probate had already been granted within a year of my Mum’s death so my brother did that but then just wanted to keep everything for himself for as long as possible.

I believe my solicitor gave him 14 days to comply (to start the selling process) or we would petition the Court to have him removed as executor and then take him to court to have him removed from my Mum’s house. I believe my brother paying me market rent for his time living rent free at the house was also mentioned and we gave him a couple of months notice to move out of my mother’s home - him living there meant there was a conflict of interest,

My brother/ his solicitor folded immediately. But of course your solicitor should be able to advise you on your specific issue. But as far as I’m aware the deceased’s wishes must be carried out (within a reasonable timescale) and that’s the bottom line.

I hope it get’s resolved, but remember you’re not alone. And you have a right to claim what was left to you, it’s up to you what you do with the proceeds, don’t let your sibling or anyone else make you feel guilty about wanting what your parent wanted you to receive. I hid (and still do) what was going on from everyone around me bar my husband because I felt shame to an extent that I had such awful siblings and was having to fight for my legal share of a good sized inheritance.

Reading others’ threads, not everyone has that idyllic family and it’s amazing how inheritance can bring out the worst in people. Fighting these battles also, I found, prolonged the grieving process for me. It’s horrid.

[Mace Windu]

Hi,

Happy to help, I know how upsetting this type of situation can be.

I’m paraphrasing, but in my situation, my solicitor advised the executor (my brother) in writing that his legal duty is to simply gather in and distribute the estate to all beneficiaries stipulated in the Will.

He also mentioned the executor’s year (at that point we were at 2 years since my Mum passed) and told my brother he was in breach of his fiduciary duty and must immediately either get on with selling the assets or step down as executor. Probate had already been granted within a year of my Mum’s death so my brother did that but then just wanted to keep everything for himself for as long as possible.

I believe my solicitor gave him 14 days to comply (to start the selling process) or we would petition the Court to have him removed as executor and then take him to court to have him removed from my Mum’s house. I believe my brother paying me market rent for his time living rent free at the house was also mentioned and we gave him a couple of months notice to move out of my mother’s home - him living there meant there was a conflict of interest,

My brother/ his solicitor folded immediately. But of course your solicitor should be able to advise you on your specific issue. But as far as I’m aware the deceased’s wishes must be carried out (within a reasonable timescale) and that’s the bottom line.

I hope it get’s resolved, but remember you’re not alone. And you have a right to claim what was left to you, it’s up to you what you do with the proceeds, don’t let your sibling or anyone else make you feel guilty about wanting what your parent wanted you to receive. I hid (and still do) what was going on from everyone around me bar my husband because I felt shame to an extent that I had such awful siblings and was having to fight for my legal share of a good sized inheritance.

Reading others’ threads, not everyone has that idyllic family and it’s amazing how inheritance can bring out the worst in people. Fighting these battles also, I found, prolonged the grieving process for me. It’s horrid.

Thank you so much for this …its really helpful and does make me feel there at the light at the end of the tunnel…. I fully intend to keep fighting until my last breath. The only silver lining is that it really has shown me her true colours and I can now see what has been staring me in the face most of my life.

[EnglandPi]

From reading this post it would appear there is some confusion as to executors and beneficiaries.

“It says that the whole estate is to be diverted 50/50 between us.”

Suggests two beneficiaries, are you also join executors?

[Mace Windu]

From reading this post it would appear there is some confusion as to executors and beneficiaries.

“It says that the whole estate is to be diverted 50/50 between us.”

Suggests two beneficiaries, are you also join executors?

Thank you for the message.
That’s correct we are both named executors and 50/50 beneficiaries. However the solicitor could only release the original Will to one of us.
She refused to let my Fathers Solicitor release it to me and I did the same following advice from my Solicitor so there was a period of stalemate for a while.
Eventually my Solicitor did receive an undertaking from her that shown would deal with the paperwork etc if the Will was released to her...so rather than delay things indefinitely he agreed it could be released to her but …unfortunately she has not actually done anything with it.

[EnglandPi]

Anyone can get a copy of a will @ https://www.gov.uk/search-will-probate

If you are an executor you don't have to wait for anyone else to action the content of the will you have equal powers.

[Mace Windu]

Anyone can get a copy of a will @ https://www.gov.uk/search-will-probate

If you are an executor you don't have to wait for anyone else to action the content of the will you have equal powers.

Thank you for the reply. I have managed to obtain a copy of the Will...but my understanding is that you need to send off the original "hard" copy to apply for probate?

[des8]

What was the undertaking she gave your solicitor for him to agree the releasing of the original document to her?

If she has breached that undertaking perhaps you should now need warn your sibling that if she does not apply for a grant of probate an application would be made to the courts to remove her as executor.

Be guided by your solicitor

[Mace Windu]

What was the undertaking she gave your solicitor for him to agree the releasing of the original document to her?

If she has breached that undertaking perhaps you should now need warn your sibling that if she does not apply for a grant of probate an application would be made to the courts to remove her as executor.

Be guided by your solicitor

Thank you...it sounds like that is exactly what he is going to do

[dslippy]

Requests have been made for the exact wording of the will. The wrong bits have been reported back. The will usually passes the estate to the executors on trust to sell the same, and only then makes provision for distribution. In other words there is first of all a duty to sell the house. That duty can be enforced, and usually a court would be happy so to order.

This does not apply where the house is given on a specific trust, but that would be rather less usual.

This is why a request for the exact wording is appropriate. It can make all the difference.