Can 1 beneficiary force sale against 3 beneficiaries wishes?

Moneybear

Hi,

I am looking for some guidance please. My grandmother passed away a week ago. She has left her home to be split between 4. My mum, two aunts and uncle. One of my aunts currently lives there and has done for 15+ years. 

The other aunt has asked for a copy of the will and is not happy with my grandmother’s wishes for aunt 1 to remain. Aunt 1 is unable to leave as she does not have the financial abilities to do so. The house sale is unlikely to bring enough for her to buy somewhere of her own. 

Can Aunt 2 force the sale of the property and force aunt 1 to leave? 

Both my mum and uncle are happy for Aunt 1 to remain for as long as she needs to. It is only Aunt 2 who is trying to push a time limit so she can get her share. 

Any advice on where I might be able to get help would be greatly appreciated during this difficult time.  

Spendless

Did your Grandmother's will say that Aunt 1 could continue to live there?

Moneybear

Spendless said:

Did your Grandmother's will say that Aunt 1 could continue to live there?

No it did not specifically say that although she said several times to different family members that she wants her to be allowed to stay and not forced out. I know that doesn't mean much legally though. 

Comms69

You can offer to buy her out, but ultimately it's her property and she's entitled to liquidate

Mojisola

Could your Mum and your uncle raise enough money to buy her out of her share of the house?

Moneybear

Comms69 said:

You can offer to buy her out, but ultimately it's her property and she's entitled to liquidate

I completely appreciate she will have 1/4 of the property but I wasn't sure if it had to be a majority to agree to force my aunt to leave.

Mojisola said:

Could your Mum and your uncle raise enough money to buy her out of her share of the house?

No I don't believe so. My mum and uncle both want to sell in the future but don't want to put a time limit on it or to force my aunt out. They are happy for her to get in a better financial position before they consider the sale. 

Mojisola

Moneybear said:

Mojisola said:

Could your Mum and your uncle raise enough money to buy her out of her share of the house?

No I don't believe so. My mum and uncle both want to sell in the future but don't want to put a time limit on it or to force my aunt out. They are happy for her to get in a better financial position before they consider the sale. 

Nothing needs to be done in a rush.  It can take quite some time for an estate to be dealt with.

Who are the executors of the will?

Although it's very hard in the time straight after a death to start dealing with the prospect of losing your home, it would be worth starting to make enquiries about rentals. 

Moneybear

My aunt who lives there and mother are the executors of the will. 
I agree it is a hard prospect losing your mother and your home in a short amount of time. I believe that is why my mum and uncle are happy for this to be taken slowly. Whereas Aunt 2 has asked about how quickly this can be sorted and wants to provide account details already. 
In all honesty my mum and her siblings have all been estranged from one another for a number of years. Maybe only briefly seeing each other when visiting my grandmother. So this does not help things sadly. The funeral is on Monday so I am hoping once that is over, my aunt can consider her situation further. 

Comms69

Moneybear said:

Comms69 said:

You can offer to buy her out, but ultimately it's her property and she's entitled to liquidate

I completely appreciate she will have 1/4 of the property but I wasn't sure if it had to be a majority to agree to force my aunt to leave.

Mojisola said:

Could your Mum and your uncle raise enough money to buy her out of her share of the house?

No I don't believe so. My mum and uncle both want to sell in the future but don't want to put a time limit on it or to force my aunt out. They are happy for her to get in a better financial position before they consider the sale. 

Ultimately it could be 1% and a sale be forced - though that would probably be financially prohibitive

Moneybear

Comms69 said:

Moneybear said:

Comms69 said:

You can offer to buy her out, but ultimately it's her property and she's entitled to liquidate

I completely appreciate she will have 1/4 of the property but I wasn't sure if it had to be a majority to agree to force my aunt to leave.

Mojisola said:

Could your Mum and your uncle raise enough money to buy her out of her share of the house?

No I don't believe so. My mum and uncle both want to sell in the future but don't want to put a time limit on it or to force my aunt out. They are happy for her to get in a better financial position before they consider the sale. 

Ultimately it could be 1% and a sale be forced - though that would probably be financially prohibitive

That's really good to know. Thank you Comms69 and Mojisola. Really appreciate the help  

xylophone

In view of her expressed wish, your grandmother would have been best advised to include in her will  an "interest in possession" clause in your aunt's favour.

As she didn't, and as  aunt's siblings  are legally entitled to their share  of the property, any one or all could apply to the court for the house to be sold. 

The resident aunt  (particularly if she  is aged 55 + or is in any way vulnerable) might see whether there are any council/housing association schemes available.

Otherwise, she will need to explore the private rental market.