Inheritance: Tenancy in Common and having to live with somebody you wouldn’t want to!

Misha96

RAS said:

Start by actually checking the Land Registry and confirming that the property is held as tenants in common. Not least as there have been several instances here where wills were written on that assumption and no-one bothered to sever the tenancy. Cost £7 via the gov.uk site.

That's been done.

gwynlas

Does your friend maintain a close relationship with  her own children?

She should consider setting up LPAs for both health and wealth so that there is someone acting in her best interests should there be any pressure from her husband family.

Misha96

gwynlas said:

Does your friend maintain a close relationship with  her own children?

She should consider setting up LPAs for both health and wealth so that there is someone acting in her best interests should there be any pressure from her husband family.

My friend would agree that LPAs are a good idea. Her children would probably by all right as attorneys. Coaxing her into action is another matter.

RAS

She could then ask them to help with the will stuff, and they'd have the documents to support their involvement.

saajan_12

Forcing a sale is slow and expensive for both parties and best avoided - would really encourage them to sit down and agree a plan that would keep them out of eachothers hair. If buying out is a problem for both sides, then could one of them get a lodger, whos rent (partly) covers the rent for either the lady or disabled daughter to rent elsewhere? 

elsien

That means one person staying in a house that they only own half of with the other paying rent to live elsewhere.
Appreciate your point about litigation being expensive and best of it, but I’m not seeing either particularly wanting to pay rent somewhere  else while owning half a house, they could be living in for free. Would the person who stays in the house be paying them rent in those circumstances and what about any responsibility for ongoing maintenance?

madbadrob

RAS said:

Start by actually checking the Land Registry and confirming that the property is held as tenants in common. Not least as there have been several instances here where wills were written on that assumption and no-one bothered to sever the tenancy. Cost £7 via the gov.uk site.

A very good point actually and not one id considered when making my response.  

Rob