Rights of Tenants in Common. Ripped off in my fathers will

Yorkshireman99

joyfully wrote: »

She does not have enough money to buy me put so only option would then be to force a sale which would cost in legal fees.

I am still waiting to see if anyone can advise on my access and use rights under Tenants in common. All that I read says I have full access and use of the whole property. How does that work? There are two bedrooms. Do I just take over one.

As far as I know you have no rights of access or usage.you MUST see a solicitor ASAP who will advise you.

joyfully

n. title to property (usually real property, but it can apply to personal property) held by two or more persons, in which each has an "undivided interest" in the property and all have an equal right to use the property, even if the percentage of interests are not equal or the living spaces are different sizes.

This is the legal stuff. What does equal right of usage mean?

Flugelhorn

joyfully wrote: »

This is the legal stuff. What does equal right of usage mean?

Don't know but this is interesting

https://www.rocketlawyer.co.uk/article/legal-interest-and-beneficial-interest-in-property.rl

How was the property held before father died ie was there a declaration of trust? Could you have just moved in then?

joyfully

How was the property held before father died ie was there a declaration of trust? Could you have just moved in then?[/QUOTE]

My father was living in the property until he died and my sister towards the end. I still had 25% under my mothers will. Under my fathers original will I would have recieved the order 25% now passed to my sister.

She is currently living in the property. Reading the legal bits I can I have equal beneficial rights regardless of percentage of ownership under tenancy in common.

If that means I have equal right to stay in the house. Then surely I have equal right to rent out my equal part of the house. Ie one if the two bedrooms and use of all the common areas?

elsien

You're really not listening, are you.

As pointed out on both this and your other thread, trying to force your sister to take in tenants/paying guests isn't going to work. No one will voluntarily stay anywhere with that sort of atmosphere going on.

kazwookie

Your father has only recently died, you need to take a step back.

Have the funeral etc
Who are the executors of the WILL
When your sister bambozzled him to change his WILL was he of sound mind? Was the WILL correctly made / witnessed etc
Get a copy of the WILL
Go and see a solicitor for advise


If the WILL stands, then you have to accept it, I would suggest to get the hosue valued and get your sister to buy you out, take your money and get on with your life.

If the WILL does not stand then you can take further advise from a solicitor as to what you can do. ie changle it in court etc, but bear in mind this will be very expensive and may out weigh any benefit you could get.

Rent out your share of the house, is IMO just daft, and will lead to all sorts of problems.

Whilst you have time out to think, just make sure your sister and you have it correctly insured for now, whilst you sort out.

joyfully

Funeral all done. My sister is occupying the house and throwing out all my dads stuff.

She wrote the new will, got her best friend and another person to witness and sign. She is the named executor plus option of two if any fathers friends.

The will looks unchallengeable. Courts always reluctant to do so. He was frail, forgetful, had bad eyesight and sometimes confused. But he did not have alzheimer's or dementia. She manipulated and bamboozled him on the basis that I would want to sell the house and so she could not carry on living there.

He even wrote a note in the will that she should be allowed to live rent free in the house until her death. Something he could not legally grant as he only owned 50% of the house with me and my sister 25% each.

Yes I should move on and take my share. But she can't afford to buy me out and so forced sale will incur considerable legal costs.

So finding away if getting some income as well as making it more difficult to enjoy her ill gotten gains gives me some pleasure. I will still remain upset that my father could do this and be cowardly enough to not tell me to my face. The new will was last August and so he had many opportunities.

kazwookie

Go and see a solicitor, the first half hour is generally free.

Flugelhorn

do you know the other witness?

Sea_Shell

How old are you both and how are you each set financially. Do either of you have children you'd want to pass this inheritance onto in due course?

I know it's a lot of money, but can you afford to just walk away from the house (and your sister)? Might be best for your mental health in the long run. Just say , you win, sign your 25% over and move on with your life.

Does your Sister have the means to maintain and keep, what sounds like, a substantial house?