Can We force my Brother to sell our late mother's house?

Quizzical_2

Thanks for reply. Both myself and older brother are named as executors on the probate certificate as there was no will.

Quizzical_2

There was no will and therefore we inherited via probate. Myself and my older brother are named as joint executors. Having no knowledge of this before I wrongly assumed that we would automatically be added as owners on the title deeds. Clearly this is not the case. I have now obtained the forms for this to be done. I understand it's about £60 to do it yourself.
Once that's done I'm still no clearer as to whether a forced sale can occur. He is not in a position to buy us out.

Fire_Fox

If there is no will I *think* the default position is for the assets to be liquidated (sold) whilst still in the name of the deceased and the proceeds shared amongst the beneficiaries, NOT the house put into three names so that all the owners have to agree a sale. You really need legal advice or to do a lot more research before you make life more difficult for yourself by changing the title at land registry.

Basically what I am saying is there is a difference between selling the flat with your executors hat on and selling it with your beneficiaries hat on. I suspect you will find it much easier to legally force another executor to accept a sale as this is part of winding up the estate so that your third brother can inherit, compared to forcing another beneficiary/ co-owner to sell.

ETA http://h3034.cwd-web.com/articles/propertyprobate.pdf

Quizzical_2

Thanks again. I just called him to see if he would reconsider and he went a bit crazy and said he has no intention of selling the house so go see a solicitor if you want! I think that's the only option now. He is completely unreasonable and verging on the insane.

Thrugelmir

Quizzical wrote: »

There was no will and therefore we inherited via probate. Myself and my older brother are named as joint executors.

Did you appoint a solicitor?

Fire_Fox

Quizzical wrote: »

Thanks again. I just called him to see if he would reconsider and he went a bit crazy and said he has no intention of selling the house so go see a solicitor if you want! I think that's the only option now. He is completely unreasonable and verging on the insane.

That is a shame. Do you think he is emotionally attached to your late mother's house? Will your third brother come in on the legal advice since he also wants to sell? Hopefully you can open an account with the solicitor, have them take any costs out of the estate rather than paying up front.

Thrugelmir

If there was no will. How were you and your brother named as executors?

When was the property first let? As the income may be deemed to belong to the Estate. Given that that no change of ownership has been registered.

holly_hobby

If no will the estate of the deceased was apportioned and administered under the laws of intestacy, and the executors determined and named via probate process or succesful application for grant of representation.

Laws of intestacy mean (in the event of no surviving spouse) that the estate was divided equally between surviving issue (which is 3 ways in this case).

With regards to the division of the estate and property, it appears that you and your brother gave your elder brother your tacit agreement to rent, by merely allowing him to do this.

Rental income, if you are in reciept of any, then it should be declared to HMRC, if he keeps it all, then obv its his responsibility to declare and pay inc tax as approprite.

If he won't sell or consider this, then as he is joint owner with yourself and your other brother, you can't do it without his consent or legal intervention (as appears the case will be).

If he wishes to retain ownership, could he buy you and your brother out, via remortgaging onto a buy to let mortgage and releasing the equity reqd ? (notwithstanding any income or age constraints that may apply to him).

As already suggested, a free half hour with a Solicitor to get the reins of what your options are and likely costs, will help you make your decision on how to proceed.

Hope this helps

Holly

paddedjohn

Is the house rented out properly? landlords insurance/gas safety cert/deposit secured etc or on a casual basis?
Since the estate hasnt been wound up after all this time i would think you could apply to have your brother removed as an executor to speed the process up.