Late Fathers brother wont sell

Executor22

Hi All,

This is going to be a long one and I appreciate if anyone can help.

My Father passed away in July 2017 and he made me his son the executor to deal with the estate. This was quite simple as he left every thing to my mother in his will. I received the grant probate to deal with estate and this is where the issues started.
Mt father was tenants in common with his older brother in the family home 50- 50 split. My father left his 50% to my mother and my uncle was aghast that he wasnt left it and is now disputing the 50-50 split saying that he was owed more. Bearing in mind he instigated the tenancy in common agreement in 2015. As a result for the last 9 months there has been arguing in regards to this with my uncle refusing to speak to me or my mother unless it is through a solicitor. The situation in the home has become so tense and stressfull my mother doesnt want to live there anymore. I have spoken to a solicitor and the only way to realise my fathers share of the property is to sell the house. So we wrote letters to my uncle and said that he can either buy us out or we buy him out or put the house on the market and split it equally. He has ignored the letters and now we have had to apply for order of sale which is due to be heard in a few weeks. My main question is can my uncle dispute the tenancy in common agreement and block the order of sale.

I Appreciate every ones feedback on this

foxy-stoat

What has he disputed in writing, the sale or the fact that they are Tenants in Common with equal shares?

If its the equal shares then he needs to prove why the percentage is different - was there a Trust Deed made up at the time - and have you got the original Deed which states equal or unequal shares?

Executor22

Thank you for your swift reply

What has he disputed in writing, the sale or the fact that they are Tenants in Common with equal shares?

Hes disputing both verbally but nothing has come from him in writing to our solicitor.

If its the equal shares then he needs to prove why the percentage is different - was there a Trust Deed made up at the time - and have you got the original Deed which states equal or unequal shares?

As far Im aware there was no trust deed made. He has said verbally that my father knew that percentage was different at that they had gentlemen s agreement.

[Deleted User]

Was the house inherited by your father and uncle? If so what did it say in the former owners will?

I'm no expert but I don't see how he can dispute anything based on a 'gentlemans agreement'. Who's to say that he isn't just making it up to get a larger share of the house?

kingstreet

So he went to the trouble of registering TIC but didn't bother with the extra bit which would have registered his higher percentage ownership?

Yeah, right. People take advice and get clued up. They don't get half clued up.

Executor22

Thank you both for your replies

Was the house inherited by your father and uncle? If so what did it say in the former owners will?

No they bought it together

I'm no expert but I don't see how he can dispute anything based on a 'gentlemans agreement'. Who's to say that he isn't just making it up to get a larger share of the house?

This is exactly what the solicitor has said and if it goes to court the judge would ask the same thing

So he went to the trouble of registering TIC but didn't bother with the extra bit which would have registered his higher percentage ownership?

Yeah, right. People take advice and get clued up. They don't get half clued up.

This is the point my solicitor has made to my uncle in our letters and if he has evidence please disclose it. This makes me believe my uncle is trying to pull a fast one to try and get a bigger share now knowing my father isnt here to dispute his claim.

AdrianC

Executor22 wrote: »

My father left his 50% to my mother and my uncle was aghast that he wasnt left it and is now disputing the 50-50 split saying that he was owed more.

He can say he was "owed" or "promised" or "due" whatever he likes. If there's zero documentation to prove it, and the will leaves everything to the deceased's spouse, then he's out of luck...

xylophone

You say that your late father and uncle bought the house.

Only your parents occupied the house (or does the uncle also occupy it)?

Do you know the purchase price and how much each party paid?

Was there a mortgage?

You say that T-I-C "was instigated in 2015" - were they joint tenants before that?

micky2phones

Executor22 wrote: »

Thank you both for your replies

Was the house inherited by your father and uncle? If so what did it say in the former owners will?

No they bought it together

I'm no expert but I don't see how he can dispute anything based on a 'gentlemans agreement'. Who's to say that he isn't just making it up to get a larger share of the house?

This is exactly what the solicitor has said and if it goes to court the judge would ask the same thing

So he went to the trouble of registering TIC but didn't bother with the extra bit which would have registered his higher percentage ownership?

Yeah, right. People take advice and get clued up. They don't get half clued up.

This is the point my solicitor has made to my uncle in our letters and if he has evidence please disclose it. This makes me believe my uncle is trying to pull a fast one to try and get a bigger share now knowing my father isnt here to dispute his claim.

Hi, so the "gentleman agreement " could be the other way i.e 60/40 in your favour or any other percent as others have said theres no prove either way

Thrugelmir

Pursue the court action route. Your Uncle will soon bow out. Once he realises the implications of his course of action.

getmore4less

Whats the timeline of this purchase.

who/when was it bought.
any changes since bought
what funds were used to buy it.
who has lived there
who maintained it

Was the 50% left absolute to your mum or not.
eg. life interest

what do you mean by instigated TIC agreement in 2015

Go back to the purchase and trace the funds.