jointly inherited home - buy out of only one heir

[pepper1]

I'm looking for some advice if at all possible. A relative left a home to her three siblings one of which was my mum who has passed away so myself and siblings inherit in her place. The inheritance was split equally and the will states for the house to be sold. My uncle is currently living in the house and intends to stay. My other aunt is insisting on having her share now and wants him to buy her out but for us to keep our share in the house. I was wondering if anyone knows what the consequences of being left in the house (I.e would we be responsible for bills, fees when the house is eventually sold etc?). I don't want to see my uncle having to leave the house but also feel a bit put out also that this has been suggested as a solution without discussion.

Any help would be really gratefully received - I don't know these relatives to be honest or their motives other than they want the money quick and therefore what the implications of this would be for us if we weren't also bought out.
Many thanks.

[ostell]

Re: jointly inherited home - buy out of only one heir

Your uncle and you could jointly buy out the other relative so that you have a half share of the house.. Your uncle remains as a tenant for your half of the house and pays, say, half the normal rent, or whatever, and he signs an agreement with you to pay all the bills incurred in the running of the house. Bills, such general maintenance of the building, would be shared. As part owner you will be responsible for some of the selling costs, your uncle (or his estate) the rest.

[des8]

Re: jointly inherited home - buy out of only one heir

Hi and welcome.
Your post is a tad unclear;
Did your mother pre decease the testator who left her a share in the house?
If she did does the will state her share passes to you and your siblings?

Generally if a beneficiary pre deceases the testator, any gifts to that beneficiary lapse.

[Openlaw15]

Re: jointly inherited home - buy out of only one heir

I'm looking for some advice if at all possible. A relative left a home to her three siblings one of which was my mum who has passed away so myself and siblings inherit in her place. The inheritance was split equally and the will states for the house to be sold. My uncle is currently living in the house and intends to stay. My other aunt is insisting on having her share now and wants him to buy her out but for us to keep our share in the house. I was wondering if anyone knows what the consequences of being left in the house (I.e would we be responsible for bills, fees when the house is eventually sold etc?). I don't want to see my uncle having to leave the house but also feel a bit put out also that this has been suggested as a solution without discussion.

Any help would be really gratefully received - I don't know these relatives to be honest or their motives other than they want the money quick and therefore what the implications of this would be for us if we weren't also bought out.
Many thanks.

Hello Pepper1

Sorry to hear of your mother's passing. It depends how long your uncle has been in the property, as he may have sufficient interest as a beneficiary to defend a sale in his own right. Please provide the details of the Will, you could attach it here. Please be precise with the information you provide. Your first set of facts in the first Will: relative left property to their 3 siblings originally, including your now deceased mother, the aunty and uncle. Your second set of facts in your deceased mother's Will: you inherited you mother's interest as she passed (as aforesaid). You say you don't know these relatives..so you're saying you do not have a close relationship with them? Are you saying, you want to stay or sell the property? If you wanted to stay, you and your uncle could ask for a court order to stay in the property. If you want to leave and sell your share, you could join your aunt for a court order for sale. All owners are responsible for the maintenance of the property equally unless one of you sells your share to another (buys them out), then the burden for maintenance costs transfers to remaining owners.

- - - Updated - - -

Hi and welcome.
Your post is a tad unclear;
Did your mother pre decease the testator who left her a share in the house?
If she did does the will state her share passes to you and your siblings?

Generally if a beneficiary pre deceases the testator, any gifts to that beneficiary lapse.

Des, which law states this? I believe you're thinking of where the beneficiaries die before the testator. There is seemingly a valid will for the first set of circumstances so Wills and Succession laws apply. If the testator did not have a valid Will then the law of succession would apply to intestate rules. The first set of facts indicate that the beneficiary (her mother) died after the first testator (the will maker). The first testator left a property to be divided by 3 sibling/ beneficiaries, a 1/3 share of the property each. The beneficiary (mother) in the first Will died after the testator so is permitted to make a Will to gift her successors (the op) any interest in their estate which includes gifts of property, ie a 1/3.

[des8]

Re: jointly inherited home - buy out of only one heir

If the testator leaves gifts to issue who pre decease the testator, the bequests are (unless the will states to the contrary) treated as gifts to the living issue of the original beneficiary (Wills Act 1837 Sec 33).
In this case the original testator left the house not to his issue, but his siblings.
I felt the original post was unclear as to whether PEPPER's mother had predeceased the testator or passed on after.

[Openlaw15]

Re: jointly inherited home - buy out of only one heir

If the testator leaves gifts to issue who pre decease the testator, the bequests are (unless the will states to the contrary) treated as gifts to the living issue of the original beneficiary (Wills Act 1837 Sec 33).
In this case the original testator left the house not to his issue, but his siblings.
I felt the original post was unclear as to whether PEPPER's mother had predeceased the testator or passed on after.

ref: "relative left a home to her three siblings, one of which was my mum who has passed away, so myself and (same) siblings inherit in her place." This indicates that the mother as beneficiary did not die before the testator as how then would it be possible to pass a property interest to the op's mother.

[pepper1]

Re: jointly inherited home - buy out of only one heir

Thank des open law and ostell for your input here.
Apolgies - my post wasn't v.clear at all.

Unfortunately I don't have a copy of the will but I have read it thoroughly. It is stated within it that in the case of any sibling passing then their children will receive their share in equal proportions (e.g. Three of us share the one third). My mum passed away ten years ago.

I would like my uncle to stay but it worries me that I will not be in a position to pay the money to keep the house together in any way. It's tight enough with our own outgoings. Also my brother would be in no place to do this. He is on ESA so what would the implications of this be for him if we kept our money in the house as my aunt wishes. He will have to declare to HMRC and would this be counted as capital thus making him not eligible for the benefits anymore?

my uncle who is staying in the house has dementia. Which makes this the complicating factor thought. It feels hard to tell him to leave. I am interested that he may have rights? As he lived there. My aunt does not get on with him and she just wants her money. My uncle probably does not have capacity but they (my aunts family) have got him to sign the letter allowing the solicitor to assess the estate.

All very complicated!

[des8]

Re: jointly inherited home - buy out of only one heir

Thanks for the clarification.
So your options are as per Openlaw's post 4.

Regarding your brother's position, the DWP will regard his share of the property, sold or not, as capital, but they disregard it for a period (generally six months, but it may be longer) as set out in their document Capital disregards (chapter 2)
( https://www.gov.uk/government/upload...3373/admh2.pdf)

"H2110 In the disregards described below that specify a period of 6 months, that period maybe extended where it is reasonable in the circumstances of the case1.1 UC Regs, reg 48(2)
Premises person is trying to sell
H2115 Where a person is trying to dispose of premises, they can be disregarded from thecalculation of that person’s capital where they are taking reasonable steps todispose of the premises and those steps have been commenced within the last 6months1.1 UC Regs, Sch 10, para 6
Is it reasonable to disregard for longer ?
H2116 The DM may decide to disregard the premises for a longer period where forexample the person has done all they can to sell the premises and the asking priceis no more than the premises are worth."

Has anyone been given PoA for your uncle?

[Openlaw15]

Re: jointly inherited home - buy out of only one heir

Thanks for the clarification.
So your options are as per Openlaw's post 4.

Regarding your brother's position, the DWP will regard his share of the property, sold or not, as capital, but they disregard it for a period (generally six months, but it may be longer) as set out in their document Capital disregards (chapter 2)
( https://www.gov.uk/government/upload...3373/admh2.pdf)

"H2110 In the disregards described below that specify a period of 6 months, that period maybe extended where it is reasonable in the circumstances of the case1.1 UC Regs, reg 48(2)
Premises person is trying to sell
H2115 Where a person is trying to dispose of premises, they can be disregarded from thecalculation of that person’s capital where they are taking reasonable steps todispose of the premises and those steps have been commenced within the last 6months1.1 UC Regs, Sch 10, para 6
Is it reasonable to disregard for longer ?
H2116 The DM may decide to disregard the premises for a longer period where forexample the person has done all they can to sell the premises and the asking priceis no more than the premises are worth."

Has anyone been given PoA for your uncle?

Des is using technical legal jargon and am the one who did the law degree! In short, your brother's share in the property does not yet have a value and right now there is an occupier which makes a sale very difficult. So his ESA should not affect him if it is either income based or contribution based ESA. However, he must tell DWP this who will then as a formality disregard it.