Potential will problem brewing

Macky72

Has anyone got any thoughts on a problem that I can see brewing.

My partners Dad has a large property with land and is advancing in years. When he wrote his Will he told my partner that she and her brother would inherit his estate 50/50.

He also told them he would put in his Will that both of them (son and daughter) would need to agree to selling the property for the property to be sold.

Now my question is my partner and I live in our own house and the son (my partners brother) still lives in the fathers property. He has told his sister (my partner) that he would never sell the property but couldn't or wouldn't buy her out.

I just think its unfair if he gets 100% of the benefit of the estate and on face value my partner would receive nothing from the estate ever if this caveat is followed and enforceable.

Your thoughts would be appreciated.

NAR

She needs to talk to her father about the potential problems that will arise and see if he can come up with a comprimise - it is his property after all.

justjohn

My Will states if there is a child staying at home they have 5 years to move on/sell property/buy the rest out. so that the proceeds can be shared between the other children.

madbadrob

When the time comes and assuming this is still the situation you charge the brother rent for your wife's share

Rob

rpc

Macky72 wrote: »

He also told them he would put in his Will that both of them (son and daughter) would need to agree to selling the property for the property to be sold.

Is this bit binding? Once ownership has been transferred from the estate, the will has no more say.

Something like this could be done if the will created a trust, but if it transfers ownership absolutely then it is just a non-binding request.

Macky72

Thanks for the replies

RPC I don't believe it is a trust. I thought in my none legal head that it couldn't be binding. My reasoning was that if god forbid me and my partner broke up then she old be entitled to 50% of my estate and visa versa.

If this Will caveat was enforceable I wouldn't be able to touch her 50% interest in her fathers estate as it couldn't be sold, and in my mind that would be unreasonable.

As for the renting to the brother that is definitely an option, I just wanted to know if he was unreasonable about paying rent or leaving she could push through a sale.

Macky72

So my next question is, if they get passed 50/50 ownership and its not held in trust, can one party insist on selling the property to split the asset?

madbadrob

Macky72 wrote: »

So my next question is, if they get passed 50/50 ownership and its not held in trust, can one party insist on selling the property to split the asset?

They can ask but alas there is no legal grounds forcing the other share holder to sell. If he refuses you could ask him to buy your share. If he cant it is back to telling him you want rent especially as both of you are liable for any repairs etc.

Rob

Macky72

So Rob, obviously i'd like to keep it amicable with the brother in law however i'm sort of back to square one.

Where would we stand if having been passed 50/50 ownership he refuses to pay rent, refuses to leave, and refuses to sell, but still has 100% of the benefit of the property???

Flugelhorn

Very difficult - move into half the house?

Really need to get partner's dad to see a solicitor to explain why there could be problems over this and see how it can be rewritten

madbadrob

Macky the fact is has it is written the only thing you could do was take him to court but as you wouldnt want that then there is nothing you can do. The response from Flugel would be the advice I would give now

Rob