Probate intestate

Shelleypt

Intestate estate

As there is no will do all assets need to be sold. Reason being  there's a house Brother who is administrator and 1/4 share beneficiary is refusing to move out to sell the property he intends to stay there.

Does his duty as administrator come before his wants as a beneficiary?

How could he complete probate if beneficiaries don't receive their full shares?

Can he buy one siblings share but refuse to buy another's?

Is court only option?

Thanks for any help given

Keep_pedalling

If he wants to stay he will have to buy all the other beneficiaries out, if he does not have the money to do it then it will need to be sold. Has he actually started the administration process? If so and he is refusing to carry out his duties you may need to take action to get him removed.

Shelleypt

Thankyou yes he is already dealing with the estate. Trouble is I'll need to take him to court but don't have the money and he knows this can he just sit it out.

Another thought came to mind do I need to sign any documents agreeing to the transfer of the property with land registry?

Keep_pedalling

At this stage I would do 3 things, 

1. write to him reminding him of his duties as an administrator and that you expect the house to be sold and the money distributed as per intestacy rules, and should he fail to do this you will take legal action have him removed from his role. If it actually went this far your costs would come out of the estate, his would not.

2. if he has not already obtained letters of administration you can put a block on this by placing a caveat on the process.

https://www.gov.uk/stop-probate-application

3. Set up an alert on the property with the land registry

https://propertyalert.landregistry.gov.uk/

Shelleypt

Thanks found property alert by accident yesterday definitely intend to use it.

Good advice letter in post tomorrow.