Joint Ownership, Ground Rent & Maintenance Fees

effinnelle

A little over a year ago my mother died without having made a will, leaving myself, my brother and sister. Without consultation and very much against my wishes, my brother appointed a solicitor to deal with my mother's estate (a small house worth approximately £150,000 and about £10,000 in savings)

I wanted the estate to be dealt with ourselves in order to save the solicitors' fees as the estate was so small. Is my brother allowed to do this without any permission from myself?

Because I had been living with my mother as her full time carer for about 15 years and being reliant on sickness benefit myself, we agreed to sell the property and to use the proceeds to purchase,as joint owners, a flat for me to live in which would pass to them upon my death.

I recently found out that my brother had instructed his solicitor to pay 3 years' worth of ground rent from my share of our mother's savings.

As joint owners should my brother and sister be paying 1/3 of this each?

Is it legal for my brother to instruct his solicitor to spend money that isn't his?

Is the solicitor allowed to do this?

I have also paid approximately £1000 in maintenance fees, but gain, as joint owners, should my siblings be paying 1/3 each?

Thanks very much for any advice you can give.

xylophone

It strikes me as completely unnecessary to have used a solicitor for this modest estate - there is a clear process to follow and it would have been easy to DIY - no spouse and three living offspring gives each an equal share.

As to whether your brother could give the instruction for the solicitor to pay the ground rent in advance, this is a moot point.

I am assuming that the solicitor who handled the sale/purchase is the same one as handled Letters of Administration for the estate.

He acted for you all at least in the purchase and it was a fair assumption on his part that your brother gave the instructions for you all.

You could argue that when your brother shared any cash proceeds between you and your siblings, he should have taken account of a share of the ground rent having been taken from each portion.

However, it is you who has the benefit of living in the property.

I am assuming that you take full responsibility for the utilities etc.

It can therefore be argued that you should take responsibility for the maintenance, much as would be required when a spouse is given an interest in possession in a will.

It is up to you to negotiate with your siblings.

SmashedAvacado

So the question really is, were you liable for the outgoings in the property when you were living there with your mother as her carer? What was the agreed arrangement?

parkrunner

effinnelle wrote: »

I recently found out that my brother had instructed his solicitor to pay 3 years' worth of ground rent from my share of our mother's savings.

As joint owners should my brother and sister be paying 1/3 of this each?

Is it legal for my brother to instruct his solicitor to spend money that isn't his?

Is the solicitor allowed to do this?

I have also paid approximately £1000 in maintenance fees, but gain, as joint owners, should my siblings be paying 1/3 each?

Thanks very much for any advice you can give.

This is for the new property that only you live in? If so and your siblings are getting nothing in return then you should be paying everything.