Tenants in Common. What rights? Ripped off by my sister. Changed will in her favour.

joyfully

My sister manipulated my father (93 years old) to change his will completely in her favour in the last six months of his life when she moved into his house to look after him. At the same time she lived for free, used his car and ran her online teaching business from the house.

Carers also came in twice a day, morning and evening so she had plenty of support.

Originally my mother and father had mirror wills leaving to each other with my sister and myself named as beneficiaries in case of death. In the mirror wills half the family home went to my sister and myself and half to the surviving spouse with rights to occupy until death.

The main asset left at their ripe old age of 92 was the family home worth approximately £700,000 and jointly owned by my parents.

When my mother died in 2016 my sister and myself inherited 25% each of the property. My father kept his 50%.

My father failed to mention the will change in his final six months, I saw him around six times and was with him in his final days after falling down the stairs in the middle of the night whilst she was asleep in the next room.

My sister said nothing all the time, during and after the funeral. First I heard was when I asked the solicitor for the will as I was an executor. The solicitor said that I was no longer an executor as the will had been changed.

In my fathers will I inherited his old golf clubs and fishing tackle. My sister inherited everything else, house, car, furnishings, cash etc.

There was no history of any family problems or disputes. I went golfing and fishing with my father several times a year and spent his last Christmas with him.

As you can imagine I am rather unhappy. My sister has a husband and house in Florida. I think fundamentally she is just greedy.

I now own 25% of a nice house as Tenant in Common.

My sister's solicitor has now written to say that my sister plans to renovate and then rent out the house. I am therefore liable for 25% of the costs and will receive 25% of the rent.

They say in have no say in the costs, rental agreements and fees, rental amounts etc.

As Tennant in Common my online reading of the law seems to say thsy even though I own an unequal share (25%) i still have full and equal right of access.

How does that work. Do I have any say in the costs of running or renovating the house? Do I have any say in the rental agreement and rates?

Any advice much appreciated as I am hoping not to run up expensive legal fees.

tacpot12

You can force the property to be sold, and I would suggest you proceed to do so.

This link tells you a bit about the process: https://www.justanswer.co.uk/law/c06i5-it-s-potentially-forcing-sale-property.html

There will be some solicitors costs, but you should be able to keep these down to a minimum especially if you do all the negotiating with your sister.

I would get three valuations (as per the link) and let your sister know that you want to sell, giving her first refusal on buying your 25% from you. I would give her a discount on the price as you will save legal fees and estate agent fees if she willingly agrees to buy you out. If she won't buy you out, force the sale.

You might ask you sister why she did this to you. The information might be useful in deciding whether you want to maintain any sort of relationship with her in the future.

kazwookie

I agree with tacpot12, offer her your 25% @ £x, or force the sale.


Clearly while you did get on, this is going to drive a wedge between you both (IMO)


Have you also been to a different solicitor to check out the facts of your father's will, ie is it legal etc?


Sorry for your loss

[Deleted User]

joyfully wrote: »

My sister manipulated my father (93 years old) to change his will completely in her favour in the last six months of his life when she moved into his house to look after him. At the same time she lived for free, used his car and ran her online teaching business from the house.

Carers also came in twice a day, morning and evening so she had plenty of support.

Originally my mother and father had mirror wills leaving to each other with my sister and myself named as beneficiaries in case of death. In the mirror wills half the family home went to my sister and myself and half to the surviving spouse with rights to occupy until death.

The main asset left at their ripe old age of 92 was the family home worth approximately £700,000 and jointly owned by my parents.

When my mother died in 2016 my sister and myself inherited 25% each of the property. My father kept his 50%.

My father failed to mention the will change in his final six months, I saw him around six times and was with him in his final days after falling down the stairs in the middle of the night whilst she was asleep in the next room.

My sister said nothing all the time, during and after the funeral. First I heard was when I asked the solicitor for the will as I was an executor. The solicitor said that I was no longer an executor as the will had been changed.

In my fathers will I inherited his old golf clubs and fishing tackle. My sister inherited everything else, house, car, furnishings, cash etc.

There was no history of any family problems or disputes. I went golfing and fishing with my father several times a year and spent his last Christmas with him.

As you can imagine I am rather unhappy. My sister has a husband and house in Florida. I think fundamentally she is just greedy.

I now own 25% of a nice house as Tenant in Common.

My sister's solicitor has now written to say that my sister plans to renovate and then rent out the house. I am therefore liable for 25% of the costs and will receive 25% of the rent.

They say in have no say in the costs, rental agreements and fees, rental amounts etc.

As Tennant in Common my online reading of the law seems to say thsy even though I own an unequal share (25%) i still have full and equal right of access.

How does that work. Do I have any say in the costs of running or renovating the house? Do I have any say in the rental agreement and rates?

Any advice much appreciated as I am hoping not to run up expensive legal fees.

Do you have any reason to believe your father was not of sound mind when he changed his will or that the new will was not executed correctly? If so then you could try contesting the will. On the other hand perhaps your sister helped your father out more than you realise and he genuinely did wish to leave her his share of the house.

As for your sister wanting you to contribute to renovations in order to let the property, tell her in the nicest possible way to swivel. If she wants to let the property then ask her to buy out your 25% share and if she won't agree to that start the process to force the sale of the property. Generally speaking judges prefer it if you try ADR before court so make the offer if she won't agree to buy you out or sell. Keep writing back to her solicitor because every time her solicitor sends a letter it costs her money.

getmore4less

Get a solicitor on the case.

Originally my mother and father had mirror wills leaving to each other with my sister and myself named as beneficiaries in case of death. In the mirror wills half the family home went to my sister and myself and half to the surviving spouse with rights to occupy until death(2.).

The main asset left at their ripe old age of 92 was the family home worth approximately £700,000 and jointly owned by my parents(1.).

When my mother died in 2016 my sister and myself inherited 25% each of the property. My father kept his 50%(3.).

that raises a number of questions.

1. how was the property owned by the parents TIC or joint?

2. That does not make sense, if the house was joint then it cannot be willed.
If the house was TIC then the share owned by the first to die can be distributed or more likely put into a life interest trust for the survivor.

I think that may be what you were trying to say but needs clarifying?


3. If the house was TIC then if the share went into life interest trust you did not inherit anything at that time, only when the trust is dissolved(death of survivor).

---

Your best option is probably to get sis to buy you out.
I suspect from what you have said it will require you to offer a discount.


AS an owner you could move in if that would be practical.

[Deleted User]

This is your third thread on the subject!

https://forums.moneysavingexpert.com/discussion/5998199/rights-of-tenants-in-common-ripped-off-in-my-fathers-will

https://forums.moneysavingexpert.com/discussion/5998225/rights-of-tenants-in-common-ripped-off-in-my-fathers-will

euronorris

Did you contest the Will? And when was Grant of Probate issued?

getmore4less

What have you been doing for the last 6 months?

KatrinaWaves

Lover_of_Lycra wrote: »

This is your third thread on the subject!

https://forums.moneysavingexpert.com/discussion/5998199/rights-of-tenants-in-common-ripped-off-in-my-fathers-will

https://forums.moneysavingexpert.com/discussion/5998225/rights-of-tenants-in-common-ripped-off-in-my-fathers-will

truly ery little point getting into a 3rd thread on this, the advice has been given already.

Quite how someone who saw their father 6 times in 6 months can blame a live in carer for their death is beyond me. Perhaps if youd seen them more often you would have got more in the will. She may not have heard him fall down the stairs in the next room, but you didnt either in your house whereever you were!

mattpaint

Good lord. Your father was clearly very grateful to your sister for her support in his final days while you were too busy to see him more than once a month.

Gycraig

She can do whatever she want to renovate the house, she can't charge you to do it though. In the same way I could decide I wanted a new shower but couldn't force my partner to go halves.

If you want to be petty I'd move in and live in it,. Otherwise tell your whole family what happened let her sell it take your money and never speak to her again