Update on dispute over jointly inherited house, and more questions

AfterMum

Sea_Shell said:

Another question.

What sort of relationship do you hope to have, or salvage, with your brother at the end of all this?

It sounds like he'll resent you if you do something, but still resent you if you don't do anything... unless he gets his own way.

He just wants to stay put, and have you pay for (arrange) everything relating to the house!!

Anything less is seen as you being the bad guy, it seems. ☹️

I'm in a very similar situation except my sister has her own house but is living in mum's and refusing to make a decision on selling or buying out us other 2 beneficiaries.

Sea_Shell

Any updates or progress @DepositSaver

Malthusian

DepositSaver said:

I was thinking last night about the bribery suggestion. I don't know what my brother would be interested given his insistence on "I just want to stay here", but if he did, we are past the time limit for a deed or variation to change the split in the will from 50 -50. I assume though, that if the house were sold and the proceeds split 50 50 I could then give him whatever amount from my share to make it a 60 40 or 70 30 split. 

Although this is an old bumped thread, I don't think this question was answered and I think it was quite an important one.

You can do a deed of variation any time you want. The 2 year time limit is only for changing the tax position (e.g. avoiding two sets of Inheritance Tax by redirecting a legacy from children to grandchildren). 

Without a DOV, any gift you make to your brother could potentially be added back to your estate if you didn't survive seven years, but I don't know whether your estate would have an IHT issue, and in any case it's spilt milk as the 2 year window has expired.

As you say, you do not necessarily need a deed of variation as you are free to give him anything you like from your share. Remember that you need to be able to return to 50/50 if he starts being obstructive again.

Sea_Shell

I've been reminded of this thread by another...

I hope that you've been able to make progress @DepositSaver