My Mother & Sister maybe trying to sell my property behind my back..

Keeping_Positive

Are there any accounts for the business? If yes is the property on the balance sheet part as an asset? To me that would make it appear that the property was the business.

nige_wales

pinkshoes wrote: »

Is it possible to inherit the business without inheriting the building?

What does the word "absolutely" refer to?

I think you need a solicitor!

It isn't possible to inherit the business without the property and the equipment that comes with it.

nige_wales

jamesd wrote: »

I don't think that it is worth destroying the family but that is a decision that appears to have been made by the mother and sister already. Since they have made that choice it now falls to nige_wales to ensure that his rights and the wishes of his father are properly respected, along with the law.

That's how I have thought. Until my sister came into it, my mother and I had estate agents view the properties and we were together like a team. We had decided to put the house next door for auction. We knew that the person renting wanted to buy the business and we were talking about how much we should sell it for.

We were also talking about how much we should sell the property to him apart from the business.

After my mother was made the silly offer we were still talking about what to do and how much would be the least we should sell for. But after talking to my sister, that's when the wall of silence and the outright lies started.

I was not the one who started this.

I know 2 property businessmen who if I told them of this situation I believe they would both pay at least an extra £20,000 because it is a well known, well established business and the properties are both very good.

The fact that my sister who is an executor has not been concerned about selling at near the market value price and has persuaded my mother to lie to me and withold information from me, shows that it is they who have made the choice to cause rifts in the family.

nige_wales

Keeping_Positive wrote: »

Are there any accounts for the business? If yes is the property on the balance sheet part as an asset? To me that would make it appear that the property was the business.

My mother and sister have been waiting for my fathers will and I was told that there would be something in it that shows that if he passed away before my mother the property would go to her.

But in his will there is nothing like that. There is no mention of the 'property' at all. It only says the 'business' absolutely to me.

All of my family know that the business and property was being left to me and that that's what is meant in his will. If they are going to try and say otherwise it's obvious lies and as I've just said, it isn't me who has started this.

I feel as if I am being attacked and by defending myself I am seen as the bad guy???

nige_wales

The discussions I was having with my mother and the estate agents were how much the property was worth and how much the business was worth.

The business is well established and we knew for sure that the person renting would want the business especially for the name...

elsien

nige_wales wrote: »

But in his will there is nothing like that. There is no mention of the 'property' at all. It only says the 'business' absolutely to me.

All of my family know that the business and property was being left to me and that that's what is meant in his will.

I feel as if I am being attacked by simply by defending myself I am the bad guy???

It's not about you being the bad guy, it's about clarifying exactly what the will says. In its entirety. What "all the family know" is irrelevant - there's many a badly drafted will where due to the wording what the person intended and the final legal outcome are 2 different things.
Was the will drafted by a solicitor, or is it a diy one? Is the building not mentioned at all as a separate bequest? Just because the equipment is there doesn't mean the property is integral to the business if the equipment can be moved elsewhere.
You may have a case, you may not. Do you have legal expenses cover on house insurance - I'm not necessarily suggesting you go down the legal route, but a bit more knowledge on where you stand could be helpful.
You might also want to consider whether your focus on this is a coping mechanism for your bereavement. I understand there are family issues, it's clear from the way you talk about your sister. But have you told them how you feel, that it's not about the money, it's about feeling excluded? Sometimes in difficult situations the bits we concentrate and get hung up are a way of putting all the emotions in one place to give a focus for anger etc. And if that is a possibility here, getting it straight in your own head might help you with the choices you make.

elsien

The name of the business and the goodwill are separate from the building, that's how it works.

AdrianC

nige_wales wrote: »

Uh, we've had my fathers will back now and I've quoted what it says.

That's what posters here said we needed to know before they could give me advice..

There were plenty of other unanswered questions in that thread. Surely it makes more sense to update there than start afresh here?

So - what was the legal status of the business?
Was the property separate to, or part of, the business's finances?
Who is now running the business and how?

The will says "the business". You claim it _meant_ "the property and the business". Unless the property is part of the business, then the will does not say what you claim it means. If your father was trading as a sole trader, then the waters are muddied, but there's not much "business" to leave, apart from goodwill, stock and other business assets.

bris

elsien wrote: »

The name of the business and the goodwill are separate from the building, that's how it works.

Not if the business owns the building.

If the will leaves the business in it's entirety to the op the building goes with it.

What needs to be established is whether or not a different part of the family owns the building separate from the business and lets the business use it for is trading purposes, I doubt it though.

The mother may be getting confused because the father said the building would pass to the mother on the fathers death, but the will seems to contradict this (if it's an asset owned by the business).

There is nothing anyone can do here, the op needs a legal rep to look at the will and challenge it from there.

The will, will take precedence and the executor must honour it
however it can be challenged, but as pointed out a legal bill for the challenge can wipe out the entire estate.

Lord_Baltimore

I haven't read the previous thread but I think a little bit of family straight talking is needed BEFORE, and if, you go down the legal route which will swallow up your potential inheritance quicker than you can say 'family business'.

For starters, your sister is an executor of the will and she cannot therefore be a direct beneficiary. It is her duty to ensure the will is administered as intended by your father and it looks very much like it was your father's intention for you to inherit the family business as a total ongoing concern which by definition includes the physical building imho.

You need to put a stop now to any plans anyone has about disposing of anything without your input. A family should be able to cope with frank discussions and in any case, if there are 'behind the scenes discussions' to exclude you, the cracks in the family bond already exist.

Those who speak here of not concerning yourself over 'small' amounts of money may not appreciate that in Wales a small amout of money could buy you a home.

At the end of the day when something doesn't feel right something is not right. Don't get stiffed by manipulative people who may be trying to circumvent your Dad's Will; it is his wish that you have this business and you should be clear that your Dad's wishes are the overriding factor in the administration of his Will and Testament.