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Any way to realise inheritance?

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  • Any way to realise inheritance?

    Under the intestate rules I & my other siblings received an 1/8th share each in my parents property
    I only discovered this when I was copied into an email by the solicitor.
    I stated I wished to sell my share of the property
    My brother had appoointed himself executor & is living in the property - long story short - he threatened to commit suicide if he was made to sell the property.
    He agreed to sell the property as part of my Mother's estate within 3 years of her death, so the property was registered with the Land Registry in joint names.
    I insisted this was as tenants in common not joint tenants
    It is been nearly 4 1/2 years since her death, he is now saying he doesn't want to sell the property.
    I now believe he only said he would sell the property as part of my Mother's estate inorder to get me & my other siblings to sign the Land Registry documents
    I am of pension age & I'm not interested in retaining my share as a long term investment. I would prefer to realise my inheritance & do something frivolous like having central heating installed in my own residence.
    My other siblings are not in a position to purchase my share.
    Do I have any options?


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  • #2
    Am I right in thinking the brother executor now owns 5/8ths of the property?
    Are your 2 siblings that own 1/8th each agreeable to selling the property?
    If they are, as a tenant in common you can apply to court using form N208 for an order to sell the property.
    There is no guarantee the court will agree to the sale. The court will consider your brother defendant's defence, financial position, how long he has lived at the property etc
    Another option is to ask your brother to pay you 1/8th of the market rent of the property on a monthly basis. Your brother would be entitled to deduct 1/8th of the cost of maintaining the property

    Comment


    • #3
      Thank you
      Rent -The property is not in a good condition which was a contributing factor in my original decision in wishing to sell my share.
      I do not think it would pass the rules & regulations required to rent out a property & the cost of bringing it up to standard would not be viable.
      N208 - Would we need legal representation to apply for a court order. I believe my brother would be able to get legal aid as he is not working & has no savings
      Thank you once again

      Comment


      • #4
        If the others will not buy out your share, you can bring a court claim under the Trusts of Land and Appointment of Trustees Act 1996 for an order requiring the property to be sold. Maybe starting proceedings will concentrate minds.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Please read the article at
          http://www.housebuyerbureau.co.uk/bl...owned-property

          The typical cost to force a sale is between £2k to £5k

          Costs will mount up if your brother files a strong defence

          Comment


          • #6
            ATTICUS
            Thank you
            Would it be possible for you to very briefly outline what is required for the court claim under the Trusts of Land route.
            Unfortunately I don't think starting the proceedings will concentrate minds more likely induce temper tantrums & heel digging in.

            Comment


            • #7
              There are plenty of articles online, such as this one: https://www.google.co.uk/url?sa=t&so...cxMJHj2E7kBEuU
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                ATTICUS
                Thank you very much
                Going to check if all siblings are with me on this option

                Comment

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