Property dispute

Mojisola

getmore4less wrote: »

There is no need for a DOV if the children want to give up their inheritance.

Their legacy fail and in most cases will fall into the residue unless will has terms that send it elsewhere.

The executor should get their refusal in writing to prevent any claims later on.

dancingfairy

You, the executor has to follow the will and make sure everything is carried out correctly. That's your legal responsibility. If you do not follow this you run the risk of leaving yourself open to allegations. Its fine if you all agree and get on well, but clearly you don't. You will probably want to see a solicitor to start forcing a sale
It might make things easier if a solicitor does it?
It will be more expensive though ( perhaps you can persuade her that the longer she drags it out the less money she will get after all the legal fees gave been taken out).
The fact that you are also a beneficiary is a separate thing ( if you can separate it emotionally).
What a horrible situation.
Df

Yorkshireman99

dancingfairy wrote: »

You, the executor has to follow the will and make sure everything is carried out correctly. That's your legal responsibility. If you do not follow this you run the risk of leaving yourself open to allegations. Its fine if you all agree and get on well, but clearly you don't. You will probably want to see a solicitor to start forcing a sale
It might make things easier if a solicitor does it?
It will be more expensive though ( perhaps you can persuade her that the longer she drags it out the less money she will get after all the legal fees gave been taken out).
The fact that you are also a beneficiary is a separate thing ( if you can separate it emotionally).
What a horrible situation.
Df

It certainly is a horrid situation but getting a solicitor to do it will ease the personal difficulty. AIUI your sister is a squatter and can be evicted without a long drawn out process using High Court Bailiffs.

getmore4less

Depends on the wording of the will, they may have beneficial rights.

Yorkshireman99

getmore4less wrote: »

Depends on the wording of the will, they may have beneficial rights.

There is nothing in the OP to suggest that.

Yorkshireman99

getmore4less wrote: »

There is no need for a DOV if the children want to give up their inheritance.


Their legacy fail and in most cases will fall into the residue unless will has terms that send it elsewhere.

Surely the beneficiaries have to formally decline the bequests. DOV is easiest or can you suggest another way?

getmore4less

Disclaimer.

DOV if you want to control where is goes.

TBagpuss

Unfortunately you may have to resort to legal proceedings.

Speak to a solicitor - the first step would probably be to get the solicitor to write a formal letter, giving her a deadline to vacate andwarning her that if it becomes necessary to take legal ction to have her removed that the estate will seek costs from her .

On a personal level, ou could look to see whether there are any part buy, part rent properties in the area - she might be able to buy a share in a pproperty and rent the other half, which would potentially give her more security than if she was simply renting, and may allw her to claim housing benefit to cover the rent if she can't afford it otherwise.

LizW

Thank you for all your replies, much as I don't want to, I feel referring this to a solicitor is my only option. Originally a firm of solicitors were the executors but they agreed to renounce so that I could deal with to save costs - they were charging a % of the estate. How I wish I had left it with them to sort out.
Unfortunately my sister has always expected everyone to sort things out for her so won't do anything if I don't.

missbiggles1

LizW wrote: »

Thank you for all your replies, much as I don't want to, I feel referring this to a solicitor is my only option. Originally a firm of solicitors were the executors but they agreed to renounce so that I could deal with to save costs - they were charging a % of the estate. How I wish I had left it with them to sort out.
Unfortunately my sister has always expected everyone to sort things out for her so won't do anything if I don't.

Well, in the current situation, she hardly has a motivation to sort things out, does she? You, on the other hand, do.

ETA
You seem to be getting exactly the same advice on this thread (sometimes from the same posters) as when you posted a similar question 6 months ago. Nothing in the situation seems to have changed since then so I'm confused as to why you thought you'd get different answers this time round.

The ball is firmly in your court, the only person who can do anything about this is you.