Do i have legal rights

junkmaik

SevenOfNine said:

junkmaik said:

Mickey666 said:

junkmaik said:

Keeping this brief
I was made the executor of my parent will of testament. It is wrote to be devided at equal shares between myself and siblings. I have asked my siblings to accept a proposal at a lower offer of the net worth to buy them out of the will of testament. One sibiling does not want to accept and wants the equal net worth of the will. What are my options? do i have any rights?

On what basis do you think this is even remotely acceptable?  Being an executor gives you no 'rights' as such, it does give you responsibilities, one of which is to execute the will as it is written.

How would YOU like being asked to accept less than that defined in the will?

I alway's resided with my father. I stayed with him through thick and thin, my fathers home is my home and now my father has passed i feel my siblings will make me homeless for there share.
I feel its only right i should be entilted to more.

"I feel its only right i should be entilted to more".

You're not.  Some siblings may agree with you, but any that don't are entitled, legally entitled, to their 'share' as indicated in the will.

Sounds as if you employed a solicitor to contact siblings with your offer, perhaps they can claify your exact position legally, as opposed to what you feel is right. Fair, maybe not.

My lawyer agreed with my offer, they did also inform my siblings that they can refuse this offer.
I chose this offer in hope to buy my parent house as it means alot to me i cant accept parting with it but i also dont want to go into a bigger morgage for the sake of my siblings not accepting my offer.

I wont see a penny in cash, i have to go into debt to buy this house as ita been my home for the past decade, they will all have a sum of money in their hands mine is all tied up in having to now afford a roof over my head.

elsien

Your lawyer would agree - they’re paid to do what you tell them. And as for getting into debt, that’s the situation for anyone with a mortgage. 

Your sister had every right to request her full share as specified in the will.
if you’ve lived rent free for years, then you’ve already benefitted in that respect.

AnotherJoe

junkmaik said:

Stubod said:

As an executor it is your due to process the will as it is written....not sure why you think you would have any "rights" to make changes without the other beneficiaries consent?

My lawyer emailed my siblings if they agree to my offer to pay them out at a lower scale, my family agree with this offer towards my siblings only 1 sibling doesnt, she wants the equal amount of the wills net worth and said shes feels underpaid (10k under payment each).

I want to purchase the house of my parent but at a lower price.

Why would you think you might have some right to this?  To arbitrarily decide that siblings gets lower amount. 

Reverse it, suppose a different sibling thought THEY had the right to get the house for cheap,  or you all did. How would that work?
i presume there's a back story to this but whatever your moral position (maybe you cared for a parent maybe you are poor the others rich ) you most certainly have no legal right to decide the rules by yourself without their agreement how could you ? 

Marcon

junkmaik said:

SevenOfNine said:

junkmaik said:

Mickey666 said:

junkmaik said:

Keeping this brief
I was made the executor of my parent will of testament. It is wrote to be devided at equal shares between myself and siblings. I have asked my siblings to accept a proposal at a lower offer of the net worth to buy them out of the will of testament. One sibiling does not want to accept and wants the equal net worth of the will. What are my options? do i have any rights?

On what basis do you think this is even remotely acceptable?  Being an executor gives you no 'rights' as such, it does give you responsibilities, one of which is to execute the will as it is written.

How would YOU like being asked to accept less than that defined in the will?

I alway's resided with my father. I stayed with him through thick and thin, my fathers home is my home and now my father has passed i feel my siblings will make me homeless for there share.
I feel its only right i should be entilted to more.

"I feel its only right i should be entilted to more".

You're not.  Some siblings may agree with you, but any that don't are entitled, legally entitled, to their 'share' as indicated in the will.

Sounds as if you employed a solicitor to contact siblings with your offer, perhaps they can claify your exact position legally, as opposed to what you feel is right. Fair, maybe not.

My lawyer agreed with my offer, they did also inform my siblings that they can refuse this offer.
I chose this offer in hope to buy my parent house as it means alot to me i cant accept parting with it but i also dont want to go into a bigger morgage for the sake of my siblings not accepting my offer.

I wont see a penny in cash, i have to go into debt to buy this house as ita been my home for the past decade, they will all have a sum of money in their hands mine is all tied up in having to now afford a roof over my head.

Sounds as if you can't afford to keep the house - many people have exactly the same issue, I'm afraid, when someone dies.

pphillips

Your options are either:
1. That you accept your inheritance as stated under the terms of the will 
2. That you contest the will under the Inheritance (Provision for Family and Dependants) Act 1975 or under the doctrine of proprietary estoppel. Your solicitor should be able to advise you on your prospects of success.

katherinestevens

I don't think you have a claim under propretary estoppel because your father did not give you an indication you would receive the house or have a home for life, or that you would get more than your siblings.  If he had this would have been in the will.

Its unreasonable of you to say you will have a large debt via a mortgage because you will have to pay your siblings more than you want to.  You will ultimately have a house which will increase in value over the years, so are ultimately going to benefit.

You may have a claim under the inheritance act 1975 because you were financially dependent on your father as you were housed in his house, and if the house were to be sold you would have a much lower standard of living.  I am doubtful this would succeed but its worth asking a solicitor if you have a claim under this as you would lose housing, whereas your siblings presumably wouldn't  

katherinestevens

I don't think you have a claim under propretary estoppel because your father did not give you an indication you would receive the house or have a home for life, or that you would get more than your siblings.  If he had this would have been in the will.

Its unreasonable of you to say you will have a large debt via a mortgage because you will have to pay your siblings more than you want to.  You will ultimately have a house which will increase in value over the years, so are ultimately going to benefit.

You may have a claim under the inheritance act 1975 because you were financially dependent on your father as you were housed in his house, and if the house were to be sold you would have a much lower standard of living.  I am doubtful this would succeed but its worth asking a solicitor if you have a claim under this as you would lose housing, whereas your siblings presumably wouldn't  

Pollycat

Just to point out that the OP asked the question on 16th September.
He/she last logged on on 17th September.