Property given as Gift of deed, do I have any rights regarding the other share?

[Deleted User]

A property was left to my uncle by his late parents and was then given to me and my sibling 25 years ago as a gift of deed when my uncle was still alive. We both have a 50% share in the property, and we have lived in the property since birth, but my sibling left when they got married but I have remained in the property my whole life.  My sibling separated from their partner 9 years ago but never got divorced. My question is, do I have a right to know what they intend to do with their 50% of the property we share? Do I have a right to see it in their will? I am concerned the share will go to the ex partner should my sibling die?

Silvertabby

SweetPickle said:

A property was left to my uncle by his late parents and was then given to me and my sibling 25 years ago as a gift of deed when my uncle was still alive. We both have a 50% share in the property, and we have lived in the property since birth, but my sibling left when they got married but I have remained in the property my whole life.  My sibling separated from their partner 9 years ago but never got divorced. My question is, do I have a right to know what they intend to do with their 50% of the property we share? Do I have a right to see it in their will? I am concerned the share will go to the ex partner should my sibling die?

There may be more to this than just the death of your sibling.  Once the divorce is finalised, your sibling's 50% share of the property may be up for grabs as a marital asset.

Have you discussed this issue with your sibling?  Are you in a position to buy his/her share of the property from them? 

xylophone

Presumably your grandparents ( when living) allowed your parents to live in a house that they owned.

This property passed into your uncle's ownership after the death of your grandparents and he later made a gift of the property to you and your sister.

Do you and your sister own the property as tenants-in-common or as joint tenants?
If as joint tenants, the property passes by survivorship, not by will.

If you own as T-i-C, your sibling can leave her interest to anybody she wishes - if she dies intestate, the rules of intestacy will apply.

AnotherJoe

SweetPickle said:

xylophone said:

Presumably your grandparents ( when living) allowed your parents to live in a house that they owned.

This property passed into your uncle's ownership after the death of your grandparents and he later made a gift of the property to you and your sister.

Do you and your sister own the property as tenants-in-common or as joint tenants?
If as joint tenants, the property passes by survivorship, not by will.

If you own as T-i-C, your sibling can leave her interest to anybody she wishes - if she dies intestate, the rules of intestacy will apply.

It is T-I-C, but my sibling states they have done a will too but has told me too many different things (see my above response to silver tabby) , so do I have a right to know what its states in the will? I think my sibling has something to hide!

You have zero right to know whats in someone's will. Zero.

Maybe they do have something to hide. So what. Nothing you can do.

Why not sell it and buy another place, breaking this financial tie that causes you anguish.

Unless of course they dont wish to sell it either in which case you'll need to instruct a solicitor to force a sale and the bill for that would, in the end likely go to them. Or maybe that will encourage them to sell their share to you.

xylophone

You have no right to know about the contents of your sister's will.
As a matter of interest, have you discussed your will with her?
If you survive your sister,  you might approach her heir (s) with regard to a buy out?

getmore4less

Sibling(where did sister come from?) will have a CGT bill if they sell, they may not be keen on that.

Brynsam

SweetPickle said:

My question is, do I have a right to know what they intend to do with their 50% of the property we share? Do I have a right to see it in their will? I am concerned the share will go to the ex partner should my sibling die?

1. No (I assume you own the property as tenants in common rather than joint tenants).
2. No.
3. Quite possibly.

pphillips

SweetPickle said:

xylophone said:

Presumably your grandparents ( when living) allowed your parents to live in a house that they owned.

This property passed into your uncle's ownership after the death of your grandparents and he later made a gift of the property to you and your sister.

Do you and your sister own the property as tenants-in-common or as joint tenants?
If as joint tenants, the property passes by survivorship, not by will.

If you own as T-i-C, your sibling can leave her interest to anybody she wishes - if she dies intestate, the rules of intestacy will apply.

It is T-I-C, but my sibling states they have done a will too but has told me too many different things (see my above response to silver tabby) , so do I have a right to know what its states in the will? I think my sibling has something to hide!

No, it's not your concern. Anyway, you could change your will at anytime and without telling your sibling.

hb2

SweetPickle said:

Ps. do i need to quote with my response or if i just reply normally do all responders get to see my message? (i'm very new to this site).

All readers will be able to see any/all posts (unless someone has a poster on 'ignore').

AnotherJoe

SweetPickle said:

You see, before I met my partner I was leaving everything in my will to my sibling, as I stupidly did my will years ago with the firm my sibling still works for.  My sibling knew everything about mine and my parents wills but we knew nothing about theirs.

Tell me what pattern do you see here? 

Unless you expressly gave permission for that disclosure, I see that the solicitor is guilty of some serious breaches of privacy that could get them in very VERY hot water. 

An official complaint to them would be in order here. And obviously you should move your business elsewhere ASAP if you haven't already done so.

As for your focus on seeing whats in your sisters will, its irrelevant, she could show you and write another one the following day.

>>>>>>>> I suggest you either force a sale or a buyout to break this toxic connection.

>>>>>>>> I would also raise another complaint (so two letters, not one) regarding 40 months for dealing with an estate. 

And, should your sister come back to you regarding  that you've raised a complaint to the solicitors, well thats more grist to the mill of confidentiality issues.

Lastly, everyone can see every post in this thread, you are not replying "privately" to posters. So no need to repeat yourself.

AnotherJoe

This is why you need to force a sale.