Potential will problem brewing

SailorSam

I imagine you could get a Court order to force the sale,
if you were a married couple who had split up there must be a way to stop one partner staying in the house. So why would it be different for a brother/sister who were joint owners.

Macky72

I accept you might be correct, just a bit of a sensitive subject that its not my place to raise and I know my partner is reluctant to also.

madbadrob

Where a will is concerned you cannot force the sale in my opinion. The people sharing the property are gifted that. I couldnt find any case that would suggest this was possible and I really dont see what grounds the court would have to force the sale. Divorce is a completely different matter has both parties have made that property what it is

Rob

Mojisola

madbadrob wrote: »

Where a will is concerned you cannot force the sale in my opinion.

Why not? If two or more people own a property and one wants to release the capital, of course they can force a sale.

A will gives things to people - it doesn't control what they do with it for the rest of their lives.

mountainofdebt

Talk about counting your chickens!

He may have written another will in the meantime leaving it all to the cats home.......

Ms_Chocaholic

Did the brother live there where the will was written or has he subsequently moved in.

ValHaller

Mojisola wrote: »

Why not? If two or more people own a property and one wants to release the capital, of course they can force a sale.

A will gives things to people - it doesn't control what they do with it for the rest of their lives.

I agree, though what is described by OP could be implemented by setting up some sort of trust I suppose.

madbadrob

I have to stand corrected. Under TLATA 1996 forced sales can be ordered by a court. That said everything I have read on this subject would suggest this is a very costly and lengthy route to go. There are also other considerations to take into account such as is one person living in the property and do they have children. If they do it is possible a court will grant the sale but only when the youngest child reaches 18 and this is the case totally if by forcing the sale would see the children homeless. Also the judge would have to look at the will and decide on how he believed the deceased would have wanted the shares in the property divided. Having read what I have I would suggest that this is legally difficult to unravel and you should seek advice from a solicitor who has expertise in this area

Rob

Macky72

Yes the brother does live there and always has despite being 43. He doesn't have children though.

madbadrob

Macky72 wrote: »

Yes the brother does live there and always has despite being 43. He doesn't have children though.

Therefore that would suggest no court would force the sale. It has been his home for a long time and as such to eject him would leave him homeless. As I suggested before you need some real legal advice

Rob