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The situation ignoring family squabbles is
Father died intestate so left no will, the estate is to be divided between 4 siblings
Sibling 1 disabled on means tested benefits and has a current IVA
Sibling 2 working with an rent element of universal credit.
Sibling 3 disabled on means tested benefits.
Sibling 4 working. Single.
Sibling 4 is also the administrator for the estate and is living in the main asset a bungalow.
All siblings having means tested benefits will lose them when they receive their share, they are not able to negotiate a reduction in their inheritance or could fall foul of DWP Deprivation of assets rules, so limits any option for deed of Variation. The sibling with IVA will have it revoked but will still need administrator to forward their share to the insolvency company, all the while being harassed by their creditors.
The problem.
Sibling 4 is abusing their position as administrator to benefit themselves as a beneficiary. They are living rent free to the tune of approx. £600 per month (meaning they get to keep their wages instead of paying rent like everyone else with no tax liability), they do not have a tenancy agreement nor own any part of the property, only a share of the residual value of the estate, they are refusing to leave and sell the property. Under normal circumstances the administrator would contact the beneficiary and if necessary take them to court to remove them via an order for sale, but as I said they ARE the administrator and are failing in their duty by putting their own needs first. They have been advised by a solicitor of their options but has declined to use them and is relying on the other beneficiaries with limited means not to take any action, leaving probate incomplete.
ive been told I could apply to court for 'order for sale' but this seems to be for joint owners, any suggestions would ve appreciated.
Father died intestate so left no will, the estate is to be divided between 4 siblings
Sibling 1 disabled on means tested benefits and has a current IVA
Sibling 2 working with an rent element of universal credit.
Sibling 3 disabled on means tested benefits.
Sibling 4 working. Single.
Sibling 4 is also the administrator for the estate and is living in the main asset a bungalow.
All siblings having means tested benefits will lose them when they receive their share, they are not able to negotiate a reduction in their inheritance or could fall foul of DWP Deprivation of assets rules, so limits any option for deed of Variation. The sibling with IVA will have it revoked but will still need administrator to forward their share to the insolvency company, all the while being harassed by their creditors.
The problem.
Sibling 4 is abusing their position as administrator to benefit themselves as a beneficiary. They are living rent free to the tune of approx. £600 per month (meaning they get to keep their wages instead of paying rent like everyone else with no tax liability), they do not have a tenancy agreement nor own any part of the property, only a share of the residual value of the estate, they are refusing to leave and sell the property. Under normal circumstances the administrator would contact the beneficiary and if necessary take them to court to remove them via an order for sale, but as I said they ARE the administrator and are failing in their duty by putting their own needs first. They have been advised by a solicitor of their options but has declined to use them and is relying on the other beneficiaries with limited means not to take any action, leaving probate incomplete.
ive been told I could apply to court for 'order for sale' but this seems to be for joint owners, any suggestions would ve appreciated.
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