No will left and died intestate...now family has imploded!

endaf

Hello all, Im hoping for some advice here before speaking to a solicitor. I'll try to explain the situation as best as I can but in a nutshell, my father passed away last year with no will, there is myself, older brother and sister. We hired a solicitor to share out the estate and monies equally between us. My brother had lived with my father for the past 20 years and apparently for no rent. On the property he ran a small S/E business as a mechanic on a garage that my father owned. As far as i know no rent was paid for that garage or anything officially registered in my brother's name apart from running the business from there. After my fathers death we'd all agreed we'd take on the family home between us to renovate and possibly rent out. Since then my brother and sister have argued constantly to the point that they are not speaking. (we were never a close family) The probate is nearly at an end but my brother has now stated to me that he has spoken to a solicitor and has been informed me that he has additional rights over the other 2 siblings and that he "owns" the whole property! Now as far as my limited inheritance knowledge allows, i assumed that if a parent dies without a will the estate is shared between the children? Can anyone think of what "additional rights" he may have over the 2? Especially now that probate is nearly at an end? Because his lived there for most of his adult life? Can anyone guide me on what he may be thinking and other than hiring a solicitor which my sister and I will be in the process of doing to counter any legal argument. Any assistance in this matter would be greatly appreciated as im at my wits end after months of being the go between both of them. Also in case it helps the estate assets are too large for any party to fully pay out the other 2, especially my brother as his income is practically zero.

xylophone

https://www.gov.uk/inherits-someone-dies-without-will
It would appear that you and your siblings had equal rights to the estate.
You say that you instructed a solicitor to administer the estate.
In whose name does the property currently stand?

MoneySeeker1

The rules of intestacy do indeed decree an equal share-out between the children concerned.

He's got the nerve of the devil - he's been leaching off your father by the sound of it and doesn't want the arrangement altered and thinks he can do so of you instead.

I'm guessing what his argument is that he has a financial dependence on the deceased (ie your father) and that is what you are dealing with here?

elsien

https://www.lawdonut.co.uk/personal/claiming-an-inheritance/dependants-claims-against-an-estate

endaf

Thank you for the quick replies, it does indeed appear he has the nerve of the devil! I’ve always gotten on ok with him but I’m shocked at his recent behaviour. The man is nearly 60 years old and still expects the “arrangement” that he had with our father to continue! 

After reading your links I’m guessing he’s going to argue being financially dependant on my father...at 60 years old! 

As for the property, we recently were informed that we’re just waiting on deeds to be officially registered under all 3 siblings but as with all government bureaucracy it may be delayed. I would assume that if it’s registered under all of us, then his argument becomes nul and void? My sister and I can then force a sale of the property and proceeds shared out equally between us 3? Will he have some additional rights over the garage as he runs a very small part time business from there?

Brynsam

Why on earth are you intending to keep the property when it is clearly going to be an absolute nightmare, judging by your comments on what has happened so far? What happens when one party wants to sell and another refuses? Who will pay if there is sudden major expenditure needed?

Like it or not, your brother may indeed have 'additional rights' given he appears to have been heavily supported by your father. Whether that extends to owning the whole property depends on what other assets are in the estate. Get some legal advice and get it now.

MoneySeeker1

Brother isn't a youngster then at that age.

I'm wondering if the background as to why brother was "living off" father so much might be relevant as to what his chances might be of claiming "financial dependency". Is he mentally ill/physically ill/of very low intelligence/or what?

Or is he just plain lazy and has been enjoying having a free ride to date?

At a very "practical" level might he try arguing he was a carer to your father?

ames1010

Your brother may have ‘additional rights’ in his mind due to relying on your father financially. I thought that if a relation believes that they were financially dependent upon the relative who sadly passes away and intestate- then they have six months from when probate was granted to bring in a claim under the inheritance act- 1975.  If your brother is within the six month time frame and he attempts
to bring in a claim- then he has to understand that the risk of costs awarded against him or the estate could actually mean he will be worst off.  He may be advised to offer mediation where he tries to offer you a settlement he wants before it’s taken to court. I hope for you and your sister that he is out of time for the inheritance act claim and that you can divide the estate equally between the three of you. 

Best wishes 

endaf

MoneySeeker1 said:

Brother isn't a youngster then at that age.

I'm wondering if the background as to why brother was "living off" father so much might be relevant as to what his chances might be of claiming "financial dependency". Is he mentally ill/physically ill/of very low intelligence/or what?

Or is he just plain lazy and has been enjoying having a free ride to date?

At a very "practical" level might he try arguing he was a carer to your father?

Indeed not, nearly retirement age and other than suffering bouts of depression all of his life no physical/low intelligence etc, more of enjoyed a free ride it seems most of his life! 

dresdendave

As the brother lived in the house with the father, is it possible he was registered as a joint owner? Check with the Land registry, if he was then he now owns the whole house outright.

endaf

Brynsam said:

Why on earth are you intending to keep the property when it is clearly going to be an absolute nightmare, judging by your comments on what has happened so far? What happens when one party wants to sell and another refuses? Who will pay if there is sudden major expenditure needed?

Like it or not, your brother may indeed have 'additional rights' given he appears to have been heavily supported by your father. Whether that extends to owning the whole property depends on what other assets are in the estate. Get some legal advice and get it now.

We were only intending on keeping the property during the short spell at the start when all 3 were getting on ok, we've all looked at trying to buying the other 2 out but the estate is too large to do so, so ive been pushing for several weeks that the only option open to us is to sell the house, my sister and I even offered that he keeps the garage for himself with cash on top but now its turned "i own everything according my solicitor"