I'm an executor and a beneficiary, can I change my mind after agreeing to distribution of estate?

RonsDaughter

Skiddaw1 said:

Trouble is, @RonsDaughter, if he cuts up rough (sounds like a very likely possibility) you're potentially going to lose the financial gains in legal fees (not to mention what it is going to do to your stress levels). Don't get me wrong, it certainly sounds like you have the Brother From Hell and I do get why you're so irritated at his behaviour and I can understand you feeling both bitter and hurt but I honestly think this is one of those situations where walking away is the better option.

Thank you xx

Sea_Shell

If he's as shady as you say, then he has the bare cheek and resources to drag this out for months...to your detriment!!

Don't try to "out-legal" him, as you are likely to come off worse.  His sort always seem to come out on top, regardless of what's right!!

Walk away with what you have, cut him off and live your life.  You might just have to save up for a bit longer to buy your own place.

Walking away might actually save you money?!

CIS

RonsDaughter said:

CIS said:

RonsDaughter said:

CIS said:

RonsDaughter said:

Hi, any advice please, this is complicated...

I have told the solicitor about the business use and she is checking if storing his goods amounts to fraudulent activity due to a particular council tax issue.

I'd be curious as to what the council tax issue is ?  Is it regarding the storage of business items in the property ? (council tax is my specific area of law work).

He stayed as "carer" and used her house to store his market stall/car boot goods when she was alive. I asked him to move back to his own home and remove his items when she died due to compromising contents insurance.

He refused to admit he was living there (he owns his own home and said he couldn't live in 2 houses) but stayed for at least 3 months so I reported him to the council who then charged him council tax after checking for themselves.
He contested this and somehow managed to lie his way out, so he got a council tax refund and the estate was billed since probate (January 2021)

He told me he had moved his stuff, however, when I visited last week, I could see about 20% of the house contents are his market items, and at least the same amount is stored in the garden. He is clearly using the property for storage.

It also appears that that he is spending leisure time there as the tv was left on standby. Mother's tv license expired last year, I don't think he has one himself. 

Council Tax legislation is far more in-depth than a lot of people (including solicitors) realise as it is a specific area of law that few work with.

For council tax purposes he can only have one sole or main residence, but he can occupy more than one home.

If he was living in the property temporarily but then returned to his the home he owns there's a very good likelihood that his residence did not change for council tax purposes and that council were wrong with their first decision and right with their later u-turn.

There are potentially issues in respect of the Class F exemption but that would need a deeper dive in to the situation and the legislation.

Using a residential property for storage, where it is still predominately residential and likely to be used as such in future, is unlikely to lead to the valuation office agency changing it to non-domestic use.

Thanks for your insights! May I please ask about "Predominantly residential"... He uses both houses to store goods for his market/car boot business, not just a small part such as an office desk in a spare room. His own house and 2 garden sheds are piled high with goods and he has filled what space he could at mother's house. He refuses to rent storage space as normal people do. I don't understand why he is allowed to take advantage like this.

It can be a very difficult line to draw, the VOA are often loathe to do so unless it's a long term change of use. The decision would be entirely down to their view of the matter.

Archergirl

When all is settled tell the food banks.......... Is he paying tax? Tell the taxman lol

RonsDaughter

Archergirl said:

When all is settled tell the food banks.......... Is he paying tax? Tell the taxman lol

hehehe, I'll get in the queue!

Snuggles

RonsDaughter said:

Snuggles said:

RonsDaughter said:

CIS said:

RonsDaughter said:

CIS said:

RonsDaughter said:

Hi, any advice please, this is complicated...

I have told the solicitor about the business use and she is checking if storing his goods amounts to fraudulent activity due to a particular council tax issue.

I'd be curious as to what the council tax issue is ?  Is it regarding the storage of business items in the property ? (council tax is my specific area of law work).

He stayed as "carer" and used her house to store his market stall/car boot goods when she was alive. I asked him to move back to his own home and remove his items when she died due to compromising contents insurance.

He refused to admit he was living there (he owns his own home and said he couldn't live in 2 houses) but stayed for at least 3 months so I reported him to the council who then charged him council tax after checking for themselves.
He contested this and somehow managed to lie his way out, so he got a council tax refund and the estate was billed since probate (January 2021)

He told me he had moved his stuff, however, when I visited last week, I could see about 20% of the house contents are his market items, and at least the same amount is stored in the garden. He is clearly using the property for storage.

It also appears that that he is spending leisure time there as the tv was left on standby. Mother's tv license expired last year, I don't think he has one himself. 

Council Tax legislation is far more in-depth than a lot of people (including solicitors) realise as it is a specific area of law that few work with.

For council tax purposes he can only have one sole or main residence, but he can occupy more than one home.

If he was living in the property temporarily but then returned to his the home he owns there's a very good likelihood that his residence did not change for council tax purposes and that council were wrong with their first decision and right with their later u-turn.

There are potentially issues in respect of the Class F exemption but that would need a deeper dive in to the situation and the legislation.

Using a residential property for storage, where it is still predominately residential and likely to be used as such in future, is unlikely to lead to the valuation office agency changing it to non-domestic use.

Thanks for your insights! May I please ask about "Predominantly residential"... He uses both houses to store goods for his market/car boot business, not just a small part such as an office desk in a spare room. His own house and 2 garden sheds are piled high with goods and he has filled what space he could at mother's house. He refuses to rent storage space as normal people do. I don't understand why he is allowed to take advantage like this.

Why do you care? What are you trying to achieve? Unless this is about insurance concerns, how does it affect you? I understand you are annoyed at your brother's conduct and feel that he has behaved unfairly, but do you really want to stoop to the same level, escalate disputes, and potentially delay winding up the estate? Is it really worth it? 

Have you read the rest of the thread? Bro is trying to line his pockets at my expense. He did the same when my dad died. The extra share I would receive will make the difference between me being able to buy a house or a flat. This council tax issue is another example of his lying and cheating. My brother, who is worth around £1/2 million goes to soup kitchens and food banks pretending he has no money and then sells the tinned food at his car boot sales has to have another few £££'s in his pocket and can't bear the thought that I could possibly move out of rented accommodation and go somewhere nice. THATS WHY I CARE.

Yes I've read the thread. I can totally understand why his behaviour is upsetting and infuriating, and I do sympathise, but as other posters have pointed out, I fear you stand to lose more than you will gain by pursuing this, both financially and in terms of peace of mind. In the grand scheme of things it's a few £k in the context of a still substantial inheritance which you are fortunate to be receiving (notwithstanding the loss of your parent). Also you did agree that he could buy the property for £5k less than the probate value.

Only you can decide if you really want to pursue this or want to try to make life difficult for him in other ways, by reporting him to the council, or whatever. Just be careful you don't become consumed by the need to make him pay for his behaviour, and lose perspective.

RonsDaughter

Snuggles said:

RonsDaughter said:

Snuggles said:

RonsDaughter said:

CIS said:

RonsDaughter said:

CIS said:

RonsDaughter said:

Hi, any advice please, this is complicated...

I have told the solicitor about the business use and she is checking if storing his goods amounts to fraudulent activity due to a particular council tax issue.

I'd be curious as to what the council tax issue is ?  Is it regarding the storage of business items in the property ? (council tax is my specific area of law work).

He stayed as "carer" and used her house to store his market stall/car boot goods when she was alive. I asked him to move back to his own home and remove his items when she died due to compromising contents insurance.

He refused to admit he was living there (he owns his own home and said he couldn't live in 2 houses) but stayed for at least 3 months so I reported him to the council who then charged him council tax after checking for themselves.
He contested this and somehow managed to lie his way out, so he got a council tax refund and the estate was billed since probate (January 2021)

He told me he had moved his stuff, however, when I visited last week, I could see about 20% of the house contents are his market items, and at least the same amount is stored in the garden. He is clearly using the property for storage.

It also appears that that he is spending leisure time there as the tv was left on standby. Mother's tv license expired last year, I don't think he has one himself. 

Council Tax legislation is far more in-depth than a lot of people (including solicitors) realise as it is a specific area of law that few work with.

For council tax purposes he can only have one sole or main residence, but he can occupy more than one home.

If he was living in the property temporarily but then returned to his the home he owns there's a very good likelihood that his residence did not change for council tax purposes and that council were wrong with their first decision and right with their later u-turn.

There are potentially issues in respect of the Class F exemption but that would need a deeper dive in to the situation and the legislation.

Using a residential property for storage, where it is still predominately residential and likely to be used as such in future, is unlikely to lead to the valuation office agency changing it to non-domestic use.

Thanks for your insights! May I please ask about "Predominantly residential"... He uses both houses to store goods for his market/car boot business, not just a small part such as an office desk in a spare room. His own house and 2 garden sheds are piled high with goods and he has filled what space he could at mother's house. He refuses to rent storage space as normal people do. I don't understand why he is allowed to take advantage like this.

Why do you care? What are you trying to achieve? Unless this is about insurance concerns, how does it affect you? I understand you are annoyed at your brother's conduct and feel that he has behaved unfairly, but do you really want to stoop to the same level, escalate disputes, and potentially delay winding up the estate? Is it really worth it? 

Have you read the rest of the thread? Bro is trying to line his pockets at my expense. He did the same when my dad died. The extra share I would receive will make the difference between me being able to buy a house or a flat. This council tax issue is another example of his lying and cheating. My brother, who is worth around £1/2 million goes to soup kitchens and food banks pretending he has no money and then sells the tinned food at his car boot sales has to have another few £££'s in his pocket and can't bear the thought that I could possibly move out of rented accommodation and go somewhere nice. THATS WHY I CARE.

Yes I've read the thread. I can totally understand why his behaviour is upsetting and infuriating, and I do sympathise, but as other posters have pointed out, I fear you stand to lose more than you will gain by pursuing this, both financially and in terms of peace of mind. In the grand scheme of things it's a few £k in the context of a still substantial inheritance which you are fortunate to be receiving (notwithstanding the loss of your parent). Also you did agree that he could buy the property for £5k less than the probate value.

Only you can decide if you really want to pursue this or want to try to make life difficult for him in other ways, by reporting him to the council, or whatever. Just be careful you don't become consumed by the need to make him pay for his behaviour, and lose perspective.

Thank you, what you're saying makes sense. I will discuss my position with the solicitor and leave the council tax thing to her. 

RonsDaughter

Update... transfer has been suspended, solicitor is checking council tax, up to date valuation has been arranged.
Thanks everyone for your input xx

pearl123

RonsDaughter said:

Update... transfer has been suspended, solicitor is checking council tax, up to date valuation has been arranged.
Thanks everyone for your input xx

An up to date valuation seem very wise. Who can afford to just give money away. 

RonsDaughter

CIS said:

RonsDaughter said:

CIS said:

RonsDaughter said:

Hi, any advice please, this is complicated...

I have told the solicitor about the business use and she is checking if storing his goods amounts to fraudulent activity due to a particular council tax issue.

I'd be curious as to what the council tax issue is ?  Is it regarding the storage of business items in the property ? (council tax is my specific area of law work).

He stayed as "carer" and used her house to store his market stall/car boot goods when she was alive. I asked him to move back to his own home and remove his items when she died due to compromising contents insurance.

He refused to admit he was living there (he owns his own home and said he couldn't live in 2 houses) but stayed for at least 3 months so I reported him to the council who then charged him council tax after checking for themselves.
He contested this and somehow managed to lie his way out, so he got a council tax refund and the estate was billed since probate (January 2021)

He told me he had moved his stuff, however, when I visited last week, I could see about 20% of the house contents are his market items, and at least the same amount is stored in the garden. He is clearly using the property for storage.

It also appears that that he is spending leisure time there as the tv was left on standby. Mother's tv license expired last year, I don't think he has one himself. 

Council Tax legislation is far more in-depth than a lot of people (including solicitors) realise as it is a specific area of law that few work with.

For council tax purposes he can only have one sole or main residence, but he can occupy more than one home.

If he was living in the property temporarily but then returned to his the home he owns there's a very good likelihood that his residence did not change for council tax purposes and that council were wrong with their first decision and right with their later u-turn.

There are potentially issues in respect of the Class F exemption but that would need a deeper dive in to the situation and the legislation.

Using a residential property for storage, where it is still predominately residential and likely to be used as such in future, is unlikely to lead to the valuation office agency changing it to non-domestic use.

Hi again, hope you don't mind me asking, but roughly what % of a house can be used for business before a change of use would be even considered? He has used it as storage for 4 years (including 2 before mother died) and his goods easily take up 30% of the rooms. 
I expect that he will live there once he owns it, but he will have to move the contents of his own house, which are 90% market stall tat. ( He is best described as a hoarder. )
Also, I should say that I was having a WhatsApp video call with the solicitor and it was the solicitor that noted the amount of his things in the house. I gave her a guided video tour and she asked me for photos so she could check a legal point. I'm assuming it was business use?