No will - 4 siblings - 1 not agreeing to solicitor and probate

24 Posts


Looking for a little advice please, in a nutshell re the above, 1 sibling is being an absolute gem and point blank refuses to agree to a solicitor until questions regarding the funeral (happened over a month ago) are answered.
There are no savings and only a property with minimal value with no will in place, very straightforward in reality with the property to be split 4 ways.
1 sibling lives in the property and has done for approx 7 years because of marriage breakdown, they want to buy out the other siblings, no reason for any of the above other than the siblings don't see eye to eye and one in particular has to be in control and feels by doing this they are still in control.
Would appreciate any feedback on this, surely you can't just leave it for years and years because one doesn't agree?
There are no savings and only a property with minimal value with no will in place, very straightforward in reality with the property to be split 4 ways.
1 sibling lives in the property and has done for approx 7 years because of marriage breakdown, they want to buy out the other siblings, no reason for any of the above other than the siblings don't see eye to eye and one in particular has to be in control and feels by doing this they are still in control.
Would appreciate any feedback on this, surely you can't just leave it for years and years because one doesn't agree?
0
Latest MSE News and Guides
Replies
Is the recalcitrant sibling different from the one occupying the home?
Is the occupying sibling offering a fair price?
Making a few assumptions: Assuming the answers are all "yes", the obvious way forward is for the other (3?) executors to go see a solicitor together, in order to start proceedings to remove the recalcitrant sibling as executor.
The end result will be that either the recalcitrant sibling is removed as executor, or they back down and either play along or "reserve their power".
Although you may need to take acccount of the fact that two going ahead and applying for letters of adminstration without informing the other could cause them to take further umbrage and dig their heels in even more - only the OP is likely to know what their reaction would be to such a move.
Who is the registered owner(s) of the property
What's missing is who has died and the pecking order.
Was the deceased living in the property.
Who is the registered owner(s) of the property the deceased
What's missing is who has died and the pecking order. The mother has died and leaves 4 children (all adults) so no pecking order as such
Was the deceased living in the property. yes
siblings have equal pecking order.
Any deceased siblings?
If any of the siblings happy to deal with the Estate they can it's not compulsory for others to be involved
If the only significant asset is the house pretty easy to get valuation and get the occupier to pay out the others shares
Occupier takes over all the property costs if they plan to stay.