Inheritance query

[Groundhog]

My uncle died leaving his estate to five of us. He had some capital and a property. One of the beneficiaries ( call her A) has been living in said property for several years, not paying rent just covering the bills. My uncle has made no specification in his will for A to keep the house . A is not happy as she feels as she’s been living there she should have it or the other beneficiaries should leave her have it at a reduced sum ( because she says she has done work on the property ).
Our uncle only did his will few months before he died so our argument is had he wanted this he would have said . He has spent a load of money doing the house up prior to his death which has added to the value of the property.
anyone else been in this situation and what’s the best way to sort it out.

[dslippy]

Living there cheaply and doing work is not as such a good basis for a claim againt the estate. what would count is any sort of promise that her work would be recognised together with an idea as to the amount / value of the work done.
Your argument about his intention with the fact that his will was only done recently is a better one.

Talk it through with her. Keep talking.

Your first difficulty will be getting herr out of the house. Give her notice to quit, and take it from there.

[Sam101]

The important thing is to keep it friendly and not generate any hostility.

DSLIPPY is correct in saying that the fact that the Will was only completed a few months before he died shows clearly that he had no intention of making any arrangements for the person living there.

Can you expand on the arrangements that were made? Was the upkeep paid instead of actual rent and at hat level compared with the full rent that someone would have to pay?

Whilst it can be appreciated that she may not be happy, if she has had low cost accommodation for several years, your Uncle may have felt that she has had a good deal, which is why he made no arrangements for her.

The executors can apply for Probate and give notice that she will have to move out soon, but try and do it 'nicely'.

[twohoots]

The important thing is to keep it friendly and not generate any hostility.

DSLIPPY is correct in saying that the fact that the Will was only completed a few months before he died shows clearly that he had no intention of making any arrangements for the person living there.

Can you expand on the arrangements that were made? Was the upkeep paid instead of actual rent and at hat level compared with the full rent that someone would have to pay?

Whilst it can be appreciated that she may not be happy, if she has had low cost accommodation for several years, your Uncle may have felt that she has had a good deal, which is why he made no arrangements for her.

The executors can apply for Probate and give notice that she will have to move out soon, but try and do it 'nicely'.

Sometimes even “nicely” doesn’t work with some people! Every letter I wrote to the person who caused all the trouble in our Probate application was considered carefully and worded very politely but it did no good. Everything they asked for was provided by return so I could not have done more. Some people are just out to cause hurt and upset and do not respond to “nice”.

[dslippy]

It does not matter if doing it nicely does not appear to be working - stay with it. The nearer you get to court, the more important it becomes.

It may well be that she knows she does not have a case and is simply leaving it to you to push the matter forward.

[Groundhog]

Thanks everyone. We tried to deal with it nicely even agreeing to negotiate a lower figure than the house was valued at. At worst that would have meant her having a very small mortgage. However she’s having none of it, blocked us all and has taken her own legal advice . Executors ( solicitors) aren’t phased but it’s now 9 months since uncle died and probate not even applied for, she refused to have the house valued saying it’s her home, it’s all very unpleasant and as I feel emotionally blackmailed.
the executors haven’t said much for two weeks, not sure where to go from here.

[dslippy]

When push comes to shove, you have to shove.
The remaining executors should discuss together taking action and see a solicitor.
Keep her pleasantly informed of your intentions.

[Groundhog]

Hi all,
An update.
To recap solicitors are executors of late uncles will
He died 10 months ago leaving estate to 5 adult nephews and nieces
one of the nieces is living in the house that forms part of the estate
she is claiming she is entitled to,property even though will makes no reference to this, she never paid rent but she paid all the bills and my uncle funded a lot of work on the property.
execurirs are solicitors - probate still not applied for - constant delays
a step son has now come out of woodwork contesting will
it’s all a mess, executors saying they have no responsibility to beneficiaries so we have reached stalemate
the executors are threatening to serve notice to the niece who is claiming the house as hers but nothing is happenjng
im not sure if the remaining beneficiaries should get legal advice but we don’t know what way to turn
solicitors ( executors ) seem to be really dragging their heels.
am I right in the delay in probate will now give the step son an in as regards disputing the will
im disabled and feeling the strain massively

[Groundhog]

Hi all just wondering if I could have some further advice.
now over a year since uncle died.
executirs are solicitors
delays mainly owing to one of the beneficiaries who feels she should have a larger share than the will states.
she has lived in one of the houses rent free and was responsible for bills, financially independent .
she is requesting the remaining beneficiaries sign to accept a lower amount as she cannot afford T buy us out.
solicitors say they can’t advise us as no allegiance to beneficiaries.
It’s a terrible mess and we are getting nowhere,
Can the disputing beneficiary demand probate is delayed
do we have any rights
Should we get our own legal action independent of the solicitors who are executors.