house not to be sold in will?

Werdnal

rosegirl36 wrote: »

All is well, friend has been told by their parents that their old uncle now aged 70 will pop down in the future and give the place a tidy up every week lol, only trouble is he will be 80/90 and no one has even asked him yet!

Personally I think who is going to look after the place is the least of their worries. Leaving property empty long-term is a risk in itself - insurance will be difficult, and there is an obvious opportunity for vandalism, break-ins, arson, squatters etc. Not being lived in on a regular basis also leads to general deterioration of the property itself. Never mind the uncle's occasional spring cleaning - who is going to sort out the ongoing repairs? If I don't mow our lawn every week in the summer, the place looks awful. Then there is winter - burst pipes, storm damage, damp due to lack of ventilation etc - the list goes on.

Are the family ever going to be able to sell it or is it intended to hand on to each generation ad-infinitum?

I think they should either get the place let to long term tenants and share the rental income, or get power of attorney over their parents as they are obviously going a little gaga in their old age and not thinking this through in a sane manner!

rosegirl36

Unfortunately it is each generation ad-infinitum,stipulation is "NOT TO BE SOLD" parents have stated this will not and can not be overturned,and sister is completely adamant that her parents wishes be upheld.

sonastin

kill the sister. that way there is no one to stand in their way. mwa ha ha ha ha!


Or on a less doctor evil note, make the sister responsible for ensuring the place stays in good nick. She might not respect the parents wishes for so long after that.

Jeffrey_Shaw

rosegirl36 wrote: »

Unfortunately it is each generation ad-infinitum,stipulation is "NOT TO BE SOLD" parents have stated this will not and can not be overturned,and sister is completely adamant that her parents wishes be upheld.

That may be irrelevant, if an adult-aged beneficiary is entitled (and is seeking) to enforce a Trust of Land.

RobertoMoir

yde wrote: »

Sorry to tag onto the end of your post but i have a (kind of) similar situation and would really appreciate advice...

My father (divorced) recentley died and has left his property in Malta eaqually to all 5 of his children (including myself). Two of my siblings and I would very much like to keep the property as my father worked hard to buy it and we would like to appreciate it, at least for a few years, and it is pretty pointless selling at this time as we wouldnt get nearly as much for it as he had paid only a few years ago. My other two siblings however are very adament that it should be sold so they can take their money and pretty much cut off ties (we dont really get on). My question is, can we be forced to sell up and the money split?

Would really apprecite any kind of advice.... The 2 that want to sell are being very pushy and we feel like they are trying to back us into a corner....

Surely the 3 of you who want to keep could buy the shares of the two who want to sell, leaving everyone happy?

DVardysShadow

yde wrote: »

Sorry to tag onto the end of your post but i have a (kind of) similar situation and would really appreciate advice...

My father (divorced) recentley died and has left his property in Malta eaqually to all 5 of his children (including myself). Two of my siblings and I would very much like to keep the property as my father worked hard to buy it and we would like to appreciate it, at least for a few years, and it is pretty pointless selling at this time as we wouldnt get nearly as much for it as he had paid only a few years ago. My other two siblings however are very adament that it should be sold so they can take their money and pretty much cut off ties (we dont really get on). My question is, can we be forced to sell up and the money split?

Would really apprecite any kind of advice.... The 2 that want to sell are being very pushy and we feel like they are trying to back us into a corner....

No need to tag on to anyone's thread. Start one of your own and have advice all of your own. Your situation is quite different to the Original Poster's problem [even though it looks similar] and as the Original poster is still posting on this thread, some people will choose not to reply to you here because it will only add to confusion

clutton_2

i was helping an aged aunt to make a will in London and when it was realised that there was a property in Eire the solicitor advised her to make two wills - as English and Eire probate legislation is different....

Jeffrey_Shaw

clutton wrote: »

i was helping an aged aunt to make a will in London and when it was realised that there was a property in Eire the solicitor advised her to make two wills - as English and Eire probate legislation is different....

Yes, usually. However the law of Eire (S. Ireland) is derived from UK law pre-1922. It's possible that an E&W [England&Wales] Will might validly dispose of Eire assets or vice-versa (although I agree that this is not a very desirable route to take).
More important is the need for separate Probates.