Rights on will inheritance

John1125

I'm one of 4 children: 3 brothers and 1 daughter - we're all in our 50's or 60's.  My mum passed a decade ago and my dad is very elderly and experiencing a lot of health issues.
My Dad drew up a will many many years ago splitting his house/money 4 ways - so 25% each.  My 2 elder siblings are the executors.  At current rates total value (estate and cash) is probably £500K, so we'd get around £125K each. 
However, my younger brother has never left home and never worked - it's been an ongoing issue for decades (and one we fell out about), but he's basically lived off mum and dad for free but is now providing limited care for Dad in his elderly years.  He doesn't really go out, or have friends and has rather peculiar ways of behaving - won't enter conversations with one sibling, refuses to answer door or phone to anyone etc etc.
Long story short, we can't see him willingly leave the house when the time comes to implement the will.  
I'm not anxious for the inheritance but I do have 2 teenage children myself and it would be super-helpful to gift them £50K each to help them starting out in life etc.  Especially as one of my own children has a disability which may impact their own earnings etc. 
I'm loathe to fight a protracted court battle - nor could I afford cost - and also don't want youngest brother homeless; but I think it's a bit much he simply 'takes' everyone's inheritance of a £400K house and £100K in cash.
He refuses to enter into discussion with elder siblings/the executors about it and I think they are avoiding discussions given he is providing care and company for my Dad as he is ailing.
Do we have any rights in this situation or are any family living in the property able to effectively ignore any will expectations? 
Thanks in advance. 

MattMattMattUK

John1125 said:

I'm one of 4 children: 3 brothers and 1 daughter - we're all in our 50's or 60's.  My mum passed a decade ago and my dad is very elderly and experiencing a lot of health issues.
My Dad drew up a will many many years ago splitting his house/money 4 ways - so 25% each.  My 2 elder siblings are the executors.  At current rates total value (estate and cash) is probably £500K, so we'd get around £125K each. 
However, my younger brother has never left home and never worked - it's been an ongoing issue for decades (and one we fell out about), but he's basically lived off mum and dad for free but is now providing limited care for Dad in his elderly years.  He doesn't really go out, or have friends and has rather peculiar ways of behaving - won't enter conversations with one sibling, refuses to answer door or phone to anyone etc etc.
Long story short, we can't see him willingly leave the house when the time comes to implement the will.  
I'm not anxious for the inheritance but I do have 2 teenage children myself and it would be super-helpful to gift them £50K each to help them starting out in life etc.  Especially as one of my own children has a disability which may impact their own earnings etc. 
I'm loathe to fight a protracted court battle - nor could I afford cost - and also don't want youngest brother homeless; but I think it's a bit much he simply 'takes' everyone's inheritance of a £400K house and £100K in cash.
He refuses to enter into discussion with elder siblings/the executors about it and I think they are avoiding discussions given he is providing care and company for my Dad as he is ailing.
Do we have any rights in this situation or are any family living in the property able to effectively ignore any will expectations? 
Thanks in advance. 

It depends exactly on any legal details of his tenancy, if one even exists, but in effect if he refuses to leave you serve him notice and evict him, then you sell the house and split the proceeds. Evicting him in a worst case scenario might cost a few thousand at most. 

It needs to be made very clear to him that there is one outcome, he leaves the property, he can either do it willingly or unwillingly and the costs will come from his share of inheritance. 

You and the two other siblings might decide that is the path you want to go down, you might decide to let him live their until he dies rent free, or you might decide to let him live there until he dies but charge him rent. The legal side is easy, the emotional side as a family is where the issue becomes much more complex. 

RAS

Where is the will stored? 

Jemma01

Your dad is still alive, and you're already talking about inheritance? Let the poor man live his life in peace. Once it is time, he can be evicted following the legal procedure. Meanwhile, you have no business bothering your sibling, he's living in HIS parents house with THEIR permission (now your dad's). Their money their will. The dad could change the will and give the sibling the whole house, frankly your dad owes you nothing.

Marcon

John1125 said:

However, my younger brother has never left home and never worked - it's been an ongoing issue for decades (and one we fell out about), but he's basically lived off mum and dad for free but is now providing limited care for Dad in his elderly years.  

Presumably your parents were happy enough with the arrangement, so not really anything to do with anyone else?

swingaloo

If I were your dad I would be rewriting my will to make sure the son was taken care of. I wouldnt be happy with one of my sons being evicted in favour of 2 grandchildren.

badmemory

How much is a smaller local property?  It may well be worth you all giving a little of your inheritance over in view of his caring, so he can get a property for himself & will save family upsets.

elsien

swingaloo said:

If I were your dad I would be rewriting my will to make sure the son was taken care of. I wouldnt be happy with one of my sons being evicted in favour of 2 grandchildren.

He has left the money equally to his four children. It’s entirely up to them what they do with it once they have it.

msb1234

I would be looking at helping your brother to buy a suitable property once the time comes - he will need to be able to pay his own bills etc and if the house is large this may be beyond him. I’m assuming he doesn’t have the wherewithal to take out a mortgage to buy out the other 3 siblings? 

Sea_Shell

I agree with the others insofar as it's not an inheritance, until they have passed.  Until then they could choose to do anything with their money and or will.

However, I do think that it's only natural to think of the "what ifs" in this situation, and there is the likelihood that if left as a straight 4 way split, things could become awkward with the resident sibling, especially if they are of limited means.

They may be unable to buy out the 3, or afford to keep and run the house.

Better to be clued up as to the potential issues you might face, that have it all come as a shock.

For what it's worth, IMO...  (in the best interests of the OP  )  

If there IS currently a will that leaves a straight 4 way split, without life interest...keep your head down, and try and stay out of any "what if" conversations.    Then, when the time comes, deal with it.    Which could include a Deed of Variation to make additional provision for the resident sibling.

If you push the issue now, Dad could decide to change their will and leave the 3 non-resident siblings with a much reduced inheritance, or none.  Or give a life interest, so OP can't release the benefit for many years.

It's a messy situation, seen often on these boards.    Doesn't always work out well, sadly.  

Alderbank

Sounds like my wife's family.

The four children were always told they would eventually get 25% each. They even had copies of the wills.

FIL died first. Over time three of the children married and moved away, setting up their own homes and families. One daughter stayed at home and looked after MIL till she died.
It then emerged that MIL had made a new will leaving everything to daughter at home. No coercion and everyone understood the reason but it came as a great shock. MIL had asked for it to be kept secret because she felt she couldn't face the other three and tell them what she had done.

When we tell this story it is surprising how many other families had have very similar experiences. 

Could this happen in your case? I could understand why Dad and younger brother might be evasive about discussing these matters.