Tenants in common, surviving parent selling up.

Asp1_2

I'm hoping someone could clarify my rights in this situation...

My parents owned the family home as tenants in common, and in my mother will, her children inherited equal shares of her estate the house.

Now my father has sold the home STC, and intends to buy a new home, and leave that home to one sibling, the other children will recieve and money still in bank accounts upon his death. 

Originally the wills were a straight 3 way split to the children, but this is unlikely to happen if my father plans go ahead.

Can he do this?  Where do I stand?

Owleyes00

I’m a bit unclear from your post. You say your dad has sold stc the property but also that he is leaving it to your sibling? Can you clarify what you mean here?

Also with regards to your mother’s share, was your share left in trust upon sale of the property or are you now a tenant in common also?

macman

Your father cannot sell the property without the consent of the other 3 owners. He owns 50%, you and your siblings each own  a third of the remaining 50%.
Upon sale, the funds must be distributed as per the existing ownership. 
Your father can divide his estate, including the new house, as he wishes according to his own will.
I suspect that the complication here is that he will not be able to purchase the new house with only 50% of the revenue he was expecting?
It's unfortunate that your mother's will was drafted without though as to the possible consequences.
Your father should have been paying the three of you a commercial rent for the 50% of the property he does not own.

Asp1_2

Sorry, my father intends to use the funds to buy another home, and will live there with one sibling, his intention is to leave that home entirely to that sibling.

The sale hasn't completed, but I think there is talk of a trust being created. 

Asp1_2

macman said:
I suspect that the complication here is that he will not be able to purchase the new house with only 50% of the revenue he was expecting?

Yes, that's correct

AdrianC

Asp1_2 said:

My parents owned the family home as tenants in common, and in my mother will, her children inherited equal shares of her estate the house.

Did that will ever get fully completed?

Who does the house show as being owned by on the Land Registry?
It SHOULD be 50% father, 16.67% sibA, 16.67% sibB, 16.67% sibC.

If it doesn't, then the 50% should still be owned by your mother's estate. Is your father the executor of her will?

If, otoh, it shows as being 100% him, then he's already lying and defrauding you...

Is the will shown at...
https://probatesearch.service.gov.uk/#wills
If so, what is the EXACT wording?

I presume all three "children" are not children, but actually adults over 18?

Now my father has sold the home STC, and intends to buy a new home, and leave that home to one sibling, the other children will recieve and money still in bank accounts upon his death. 

He hasn't sold it yet. He's merely agreed in principle to sell it.

He can't sell it.

As soon as his solicitor gets his teeth into the paperwork, questions should be raised. Unless he's already lied to the Land Registry.

Originally the wills were a straight 3 way split to the children, but this is unlikely to happen if my father plans go ahead.

Your mother's only relevant will is the one that was in place at the time of her death.
That said 1/6th of the property (or its value) to each of the three of you.

Your father's only relevant will is the one that will be in place at the time of his death.
That could say 100% to Battersea Dog's Home or to Lilo Lil from behind the bar at the Rose & Crown, and there's basically not a sausage you can do...

macman

Asp1_2 said:

Sorry, my father intends to use the funds to buy another home, and will live there with one sibling, his intention is to leave that home entirely to that sibling.

The sale hasn't completed, but I think there is talk of a trust being created. 

The sale cannot exchange or complete, unless the conveyancer is utterly incompetent. 
The EA should not even have agreed to market it without consent from all 4 owners of the property.
It's assumed that your mother died quite recently? Has her estate been wound up and has the ownership of the property been updated at the LR? Who was the executor-your father?

pinkshoes

The bottom line is that as you and your two siblings own half the house, your father cannot sell it without your permission.

Have you ALL granted him permission to sell it in writing? If not, then there is no sale. Have you contacted the estate agent to let them know that he does not own the entire house?

Or do you mean he is selling his 50% share to a random person???????

If he sells the house, he will need to give you and the two other siblings your shares. It is then up to him what he does with his half of the money. If he is living with one sibling, then the two of them can buy together surely? 

lucypilates

Sounds like your mothers Will could have created a 'trust' for her 50% share of the house ... 

Who was the executor of the Will? 

Did they have to apply for Probate?

Or else, if you are all adults, then the property should've been sold by the executors and distributed according to the Will - i.e. half to your Dad and half shared between 3 siblings.

I would take the Will and the land registry documents for the property and firstly, speak to your Dad about the situation as he genuinely might not have grasped the true situation. And if he isn't okay with it, go and see a solicitor ...

BTW, your Dad can do what he likes with HIS half ... but you 3 siblings are co-owners (in trust). Good luck

Asp1_2

Thanks all, I can see that probate was granted, and am waiting to get access to it. 

macman

Who is the executor? You need to give a lot more info to get advice on here, but ultimately you may need professional legal help if the ownership is disputed.
In the meantime, you should inform the EA and the conveyancer that you have an interest in the property and have not consented to the sale.