Disputed property sale

Mason47

Hi, my father in law recently died after a long illness. Estate is to be split 50/50 between my wife and her brother. They are also both executors of the will. 

Before the death it was agreed by all that my wife and I would buy her brothers half of the house for half the market value. This was their father’s wishes (although there is nothing in writing). He even renovated the place with it in mind that his daughter and grand kids would keep the property in the family and live there. 

Since the death the brother has been a nightmare to deal with. He refuses to do any work in regard to probate and refuses to pay any expenses so my wife has done all the work and I’ve paid all expenses. He constantly harasses everyone involved to speed things up so he can get his money. He has also made many grumblings that he does not want to sell to us and that he thinks he can get more in the open market.

Two months after the death all forms were prepared and signed and sent to HMRC and the probate office. The day after this the brother demanded my wife and I must have our house sold and the cash in our bank and ready to give to him, otherwise he’ll not sell to us and demands the property will then sold on the open market. 

It is impossible for us to get our house on the market, sell it and get the money together within three months. We are currently finishing an extension and despite working as fast as possible, there is still work that needs to be done.

Does anyone know where we stand on this? Can my wife refuse permission to sell entire house or would that be a conflict of interest ? Can the brother block us from buying his half like this. Is he acting within the rules of an executor by placing this impossible timescale demand on us? 

Any court action would mean the house must be sold to cover expenses. 

To my mind her brother, no matter how greedy, untrustworthy or unreasonable, has every legal right to refuse to sell to us sell and that we can’t do anything about this. 

This has obviously been a very upsetting time for my wife, she is grieving and also very upset at the thought of her father’s home and belongings turned into cash by her money hungry brother.

Mason47

To add, I forgot to mentioned his timescale which is three months. He demands we have our house sold and cash ready within three months.

RAS

He'd be very lucky for probate to be granted and father's house to sell on the open market in three months; perhaps point this out to him?

Meantime get some help to sort out that extension.

Keep_pedalling

How much do you really want this house? Frankly unless I was exceeding keen to move on that particular house I would cut out all the agro and sell it, there are plenty of other properties available if you need a better house. 

Mason47

RAS said:

He'd be very lucky for probate to be granted and father's house to sell on the open market in three months; perhaps point this out to him?

Meantime get some help to sort out that extension.

Hi, thanks for the reply. Extension almost done. 

Yes, he’d be very lucky and it’s been pointed out to him. It’s also been pointed out that finding another buyer will take likely take longer and that he’ll be worse off after estate agent fees. Sadly, although currently clean, he’s spent most his adult life drunk and cokes out his head. He’s no concept of how things work. He’s paranoid and greedy and fixated and there is no reasoning with him. He’s now refusing all communication.

Mason47

Keep_pedalling said:

How much do you really want this house? Frankly unless I was exceeding keen to move on that particular house I would cut out all the agro and sell it, there are plenty of other properties available if you need a better house. 

Thank you. 

The wife would really like to be in her dads house, keep his garden going, keep his life’s work in the family. The stress of dealing with her brother has been massive, though. 

The way it all stands I don’t see what can be done, regardless of if we want to buy it.

Manxman_in_exile

Before your father-in-law died, how was it envisaged that you and your wife would buy out the brother?  By selling your house presumably?

Point out to your brother that the (non-enforceable) agreement before your FiL's death was that you and your wife would buy out his half of the house at market value.  That is the important bit.  Explain to him that you and your wife have no intention whatsoever to "do him out" of the value of his inheritance, and you will pay him half of whatever the current market value is.  Ask him how he proposes to get more than that by selling it on the open market.  You might want to point out to him that he's probably more likely to get better value from his sister - who really wants to live there - than he is from an open market buyer.

If he's too stupid, too drunk or too coked up to understand this, you and your wife may just have to let this go as it almost certainly won't be worth the effort arguing with him - or you may decide you just want to make things as awkward as possible for him and make it really difficult.  Personally - I'd drop it if it's this much hassle.

As I've said above, the agreement for you to buy the house is not enforceable in law, so you can't really force him to do what you want - although you could make things difficult for him - but what would be the point?  Pity it couldn't have been sorted out better in the will - if it could have been...

xylophone

Probate will be granted to joint executors?

No disposition of the property can take place without the agreement of both (unless by court order).

https://moneysavingsadvice.co.uk/contested-probate/joint-executors-disagree/

For the moment,  BIL's rants are sound and fury which can achieve nothing?

Keep_pedalling

Mason47 said:

Keep_pedalling said:

How much do you really want this house? Frankly unless I was exceeding keen to move on that particular house I would cut out all the agro and sell it, there are plenty of other properties available if you need a better house. 

Thank you. 

The wife would really like to be in her dads house, keep his garden going, keep his life’s work in the family. The stress of dealing with her brother has been massive, though. 

The way it all stands I don’t see what can be done, regardless of if we want to buy it.

Holding onto a family property for sentimental reasons is rarely a good idea, are you as keen to move?

Mason47

Thanks to all. 

Yes we’ve tried to explain and every reasonable approach we can think of. It’s become obvious this is going to be hell if we pursue it and so have decided to cut our losses and let the house go. He’s gone back on his word and his fathers wishes and that’s for him to own and live with. We just want him out our lives now. 

Keep_pedalling

Mason47 said:

Thanks to all. 

Yes we’ve tried to explain and every reasonable approach we can think of. It’s become obvious this is going to be hell if we pursue it and so have decided to cut our losses and let the house go. He’s gone back on his word and his fathers wishes and that’s for him to own and live with. We just want him out our lives now. 

I think that is a wise decision, you can make a clean break and get on with your lives.