3 beneficiaries!

[Cooky]

Long question short.
1 house, 3 names on original deeds: Father, Mother & Eldest Son.
Father & Mother made a will leaving their house portion to their 3 sons. They also had a deed of trust drawn up so whoever died 1st their portion would be held in trust for the 3 sons. All 3 sons names are now on the deeds for the deceased fathers portion of the house.
Mother is very elderly & not in good health.

When Mother dies and it all goes to probate could the 'Eldest Son' (who owns a portion of the house originally) say he doesn't want the house to be sold and just moves in to live? being that all 3 sons are named in the will as beneficiary's?
what I'm trying to say is if the Eldest son moves into the property does he have to pay the other 2 sons, ie: get the property valued and divide that into 3 and pay each other brother a ⅓.

[Sam101]

It will depend entirely on how the Trust deed and Will are written. If done correctly, then you need not worry, but all things are possible and if any beneficiary acts in a way that others are not treated in accordance with the way the Settlor wished it to be, then they are at fault. If a beneficiary wishes to buy the property for themselves, then there needs to be a financial arrangement that is acceptable to all. Check with the solicitors who wrote the Wills, as they will have the answers and a copy of the Will.

[Cooky]

Sam101 many thanks for your reply much appreciated. The parents wills & deeds were drawn up by the same solicitors that did mine so I think I'll make that appointment earlier rather than later. I have read about 'order of sale' which tends to be the last resort and I just hope it won't get to that but communication will be difficult with the Eldest brother as he is a very awkward individual.

[Sam101]

Cooky, an opportunity to also check your own Will and how it is worded. It would be prudent to check how your Wills are worded every few years just to confirm that they will meet the needs in the future.

I have just done this myself and am arranging a Codicil for my wife and I to our Wills to clarify specific instructions and authority for Trustees.

[Cooky]

Sam101, spooky cos the other half just said exactly the same to me. I'm going to make an appointment with my solicitor and go armed with many questions.