Visitation Rights to Family Home - Sibling Residing. And deeds!

MadMonkey007

Quick overview, one of my siblings was living with mum. Mum asked all 4 of us to sign the home to the youngest, the one who was living with her, we all verbally agreed.

However, the eldest sister took over Executorship when mum passed in July 2021, and decided to follow the Will, this shall result in the house being sold and proceeds split 4 ways.

The youngest sister is obviously not happy with this, and has become hostile (and non-communicative) with the eldest sister and myself.

Whilst the the youngest finally agreed with the sale early in June of this year, the eldest agreed to give her a year to sort herself out with new accommodation. However, over 3 months into the year, nothing appears to have happened on the part of the youngest - this is a guess, as she remains non-communicative with the eldest sister or myself. The middle sister has taken sides with the youngest, and she too is hardly talking.

A meeting has tried to be arranged to gauge progress, but the youngest is “busy” and sees no point. When we all met back in June, it was mutually agreed that we all help the youngest go through mums things together, but again no one has been asked - the youngest clearly doesn’t want anyone else in the house

My question, is that as I technically, according to the Will, own 25% of the property, am I able to visit and enter the property? With prior agreement with the youngest sister of course.

The situation is one complete mess, and the eldest nor myself know what to do. Any suggestions or ideas?

One final matter, the eldest sister has requested the Deeds (they aren’t among the paperwork she has), but the youngest claims she can’t find them. I know they are in the house, mum told be several years ago. Question here, is how to get a copy of the Deeds?

Many thanks in advance.

RAS

Start by checking that the property is not registered: Search for land and property information - GOV.UK (www.gov.uk)

Costs £3; don't get fleeced by the fakenames who charge 10 times as much.

Then come back here.

Martin_the_Unjust

As I understand it the executor has no real option other than to do as the will says irrespective of any verbal agreements.

Alphatauri

The executor must follow the will. However, beneficiaries can agree to a deed of variation. 

In your case the four sisters could agree to leave the house to the youngest sibling. The executor would do a deed of variation that all four sisters signed. 

Keep_pedalling

It seems that only one sibling is against the youngest getting the house, so if she can raise the funds she can buy the oldest sister out of her share and stay put, or on the sale of the house the other two gift their share  (via a deed of variation) so she has more cash to get a smaller place of her own.

TonyMMM

MadMonkey007 said:

Quick overview, one of my siblings was living with mum. Mum asked all 4 of us to sign the home to the youngest, the one who was living with her, we all verbally agreed.

And did any action happen after this agreement - was the ownership transferred ?

If not  - the executor has to follow the will, or, as mentioned, a deed of variation could be done  if you all agree to revert to the property passing to the youngest sister only.

Malthusian

My question, is that as I technically, according to the Will, own 25% of the property, am I able to visit and enter the property? With prior agreement with the youngest sister of course.

If the youngest sister agrees, then what makes you think you wouldn't? Nobody else is going to stop you.

If the underlying question is "can I visit the property without the youngest's agreement", then the answer in the long run is yes, but I can't see why you would want to.

If you are trying to obtain some of your mother's personal items from the house then you need to tread carefully. Possession is 9/10ths of the law when it comes to an estate's personal possessions of no material value. As it stands they are in the possession of the youngest sister.

Whilst the the youngest finally agreed with the sale early in June of this year, the eldest agreed to give her a year to sort herself out with new accommodation. However, over 3 months into the year, nothing appears to have happened on the part of the youngest - this is a guess, as she remains non-communicative with the eldest sister or myself. 

You gave her twelve months to do a job that takes about a month and three months later she's done nothing. Well, yes, that's what you'd expect to happen. Nobody ever does anything until a deadline is imminent. See also homework, office work and Brexit.

The situation is one complete mess, and the eldest nor myself know what to do. Any suggestions or ideas?

Stick to the agreement and wait nine months?

After that it will be up to the eldest sister to start legal action to remove the youngest force a sale if needed (hopefully not), as she is the executor. You are not the executor, so the best course of action is to put your feet up and forget about the money.

MadMonkey007

RAS said:

Start by checking that the property is not registered: Search for land and property information - GOV.UK (www.gov.uk)

Costs £3; don't get fleeced by the fakenames who charge 10 times as much.

Then come back here.

I now have the Title Register (Deeds??).  It confirms my parents as owners, my father is listed but passed over 20 years ago.

Is there anything specific I should be looking for (this is new to me).

MadMonkey007

Keep_pedalling said:

It seems that only one sibling is against the youngest getting the house, so if she can raise the funds she can buy the oldest sister out of her share and stay put, or on the sale of the house the other two gift their share  (via a deed of variation) so she has more cash to get a smaller place of her own.

Hi.

Living away from my home-town, I gave up Executorship, as my three sisters live within minutes of each other and are near the family home, it was the eldest that took Executorship over (being the most knowledgeable of them).

When the eldest told me her reasoning of following the Will, I couldn't disagree, hence this becoming a 2v2 situation.

The problem with the youngest, is she has a PT job (which by her own admission hates), whereas the rest of us moved out and got jobs/have children.  The youngest has lived in the 'bubble of protection' with mum, its all she's ever known.

The eldest sees this as an opportunity for the youngest to get her own place and get  FT job.  Again, I can't disagree.

With the youngest being on a low wage, I don't think there's any way for her raise the money to buy anyone out.  I even offered to give the majority of my quarter to the youngest, she ignored offer as I'd agreed with the eldest.

And the Executor will not change her mind about this course of action.

MadMonkey007

TonyMMM said:

MadMonkey007 said:

Quick overview, one of my siblings was living with mum. Mum asked all 4 of us to sign the home to the youngest, the one who was living with her, we all verbally agreed.

And did any action happen after this agreement - was the ownership transferred ?

If not  - the executor has to follow the will, or, as mentioned, a deed of variation could be done  if you all agree to revert to the property passing to the youngest sister only.

It did not, mums illness took hold too fast, and time ran out.  A new draft Will was ready to sign, mum was not in any position to do this sadly.

I've repeatedly brought up a Deed of Variation, but the eldest sister is following the existing Will to the letter.

Keep_pedalling

Regarding your right to enter the property, you don’t own a share of the property it is still owned by the estate, you are not an administrator so I don’t think you have a right to enter without the permission of the occupant. It is still her home and whatever else is going on while it is her home she had a right to say who can can visit and who can’t. 

If no one is desperate for the cash another option for you for the 3 non occupants to put your shares into a trust giving your sister life interest.