• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeagles® is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Inheritance disputes

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Inheritance disputes

    This is my second post on my inheritance dispute with my brother who is also co-executor on our Mother's. We have jointly inherited our Mum's property. Our dispute is getting nasty. He wants to rent out & I want to either sell or he buys me out. We are at stalemate. My questions are:

    He refuses to give to me the balance of a savings account. He says he is holding it against future bills. Can he do this? He has it in his bank account.

    We really need mediation, but how complicated expensive is the process of a court application?

    Is there a legal default in these disputes? What are my chances of getting him to sell or buy me out?

    He has all paperwork and the Deeds to the property. Should I be worried by this.

    I am at the end of my tether with this. Our Mother would be shocked to her core and I miss her so much. She died unexpectedly but did have Alzheimer's and if she had lived the property would have had to be sold for her long term care. This inheritance is a great gift we would not have got if she lived.
    Tags: None

  • #2
    Re: Inheritance disputes

    I'm certainly no expert but I think at least some of the issues you have would be dependent on the wording of the will itself.

    If I were you I'd be inclined to take some initial legal advice, not necessarily with a view to taking any action against your brother but to understand where you stand in relation to your brother's obligations under the will.

    There are some good law firms who give free initial consultations which might be useful to you.

    I like your pin shot
    I keep it with your letter
    Done up in blueprint blue
    It sure looks good on you
    And when you smile for the camera
    I know I'll love you better

    Then the shutter falls
    You see it all in 3-D
    It's your favorite foreign movie

    'Peg'

    Donald Jay Fagen

    Comment


    • #3
      Re: Inheritance disputes

      Originally posted by Ellzmum View Post
      He refuses to give to me the balance of a savings account. He says he is holding it against future bills. Can he do this? He has it in his bank account.
      He can, but he should certainly consult you. Holding it in his personal account is allowed, although this generally frowned upon for a number of reasons. It bodes ill for the future.

      In the meantime, press him for an accounting.

      We really need mediation, but how complicated expensive is the process of a court application?
      Fairly expensive.

      Is there a legal default in these disputes? What are my chances of getting him to sell or buy me out?
      The court would probably make an order for sale.

      He has all paperwork and the Deeds to the property. Should I be worried by this.
      You are co-executor, so you are entitled to inspect them. You might want to put a Caution on the property at the Land Registry.

      Frankly, it looks as if you are going to have to put the boot in. Start with a very stiff letter from your solicitor.

      Comment


      • #4
        Re: Inheritance disputes

        Thank you for your reply. Even if he is allowed the money in his account surely as a equal executor/beneficiary I am allowed the money. As and when ANY future bills need to be paid we sort it then. How do I know he still has the money?

        Comment


        • #5
          Re: Inheritance disputes

          Originally posted by Ellzmum View Post
          Thank you for your reply. Even if he is allowed the money in his account surely as a equal executor/beneficiary I am allowed the money. As and when ANY future bills need to be paid we sort it then. How do I know he still has the money?
          Exactly, this is why it's frowned upon. Normally, the executors open a separate account for this purpose, usually with both to sign. It all bodes ill for the future, so you need to get to grips with it before he runs off with the lot.

          Comment


          • #6
            Re: Inheritance disputes

            There is one point which should be mentioned on this thread regarding the sale of house. The house is subject to a compulsory purchase order by the council and they have been given a preliminary offer. The house would be unable to be sold on the open market as things stand even if the court made an order for sale, the only sale that could be made is under the compulsory order. The brother wants to retain the house and rent it out until the compulsory purchase order is made, but the OP wishes to accept the preliminary offer now.
            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

            Announcement

            Collapse
            See more
            See less

            Court Claim ?

            Guides and Letters
            Loading...

            upgrade to vip

            Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

            only £15/yr

            Offers available. No subscription traps.

            sign up now



            Search and Compare fixed fee legal services and find a solicitor near you.

            Find a Law Firm


            Working...
            X