18 months after probate – co-executor occupying the house.

Airfyer

My sibling and I are joint executors and equal beneficiaries of our late parent’s estate. Probate was granted in April 2025 – so roughly 18 months ago. The main asset is the family home (valued around £600k).

We discussed a buyout of my half-share for £290k, with interim monthly payments of £1,200 and a completion deadline of 1 July 2026. That deadline passed with no capital payment. The monthly payments have since stopped. My sibling continues to occupy the family home and has indicated that any buyout depends on selling their own flat (which they are currently renting out), potentially not until next year or later. In practical terms they are currently living in the inherited house (enjoying the use of both shares) while also receiving rental income from their own flat, and I have received none of the capital.

My solicitor wrote formally in August 2026 noting the expired “agreement in principle” and giving a short period to either pay or join in marketing the property for sale. That period has also passed. I have also requested copies of an insurance/survey report and invoices for property work (including a boiler replacement); these have not been provided.

I am under significant financial pressure (income ending) and cannot afford open-ended solicitor correspondence or a full contested court application. I understand the main routes are a TOLATA application for an order for sale (and possibly an occupation adjustment), an application to remove the co-executor, or trying to treat the earlier correspondence as binding. But the costs appear high relative to what I can fund, and courts expect mediation first. At present there seems to be no practical, affordable way to end the imbalance.

Has anyone been in a similar position this far after probate – co-executor occupying the inherited property long after a missed buyout deadline, while renting out their own flat, one side having the use of the main asset and the other locked out of the capital, and limited funds to force the issue? What actually moved things forward without immediately spending five figures? Any realistic experience of the cost and timescale of a focused TOLATA sale application, mediation, or using the prospect of an executor-removal application in this kind of deadlock?

I already have a solicitor instructed but need to keep further spend as limited and targeted as possible. Any thoughts or similar experiences welcome. Thanks.

gwynlas

I'm sure that there will be other members replying who have been in similar circumstances but I would have thought that any costs incurred could either come out of the estate when things are eventually settled or that a letter before action is sent to your sibling making them aware that they will be liable for costs.

I would also rescing the offer for them to purchase unless/until the house is prefessionally valued and they have paid outstanding payments owed.

sheslookinhot

Can you move into the house whilst the issue is being resolved ? Has your co-beneficiary the wherewithal to give you 290k+ ?

Technosaurus

Without wishing to pry too much into yours and your sibling's relationship - is going via a solicitor really the only option available?

Would it not be cheaper, indeed free, to simply talk to them and explain that your income is ending and that you're in a bit of a squeeze financially. Or has there been a monumental fallout which has frozen relations (and which may have triggered them to freeze the monthly payments?)

It's certainly not my place to advise on familial matters but given the other option costs £££ is there any chance of burying whatever hatchet is between you and coming up with a plan, with solicitors only really as last resort?

Or if relations are truly frosty you can of course threaten to move in and enjoy similar free use of the property as them, considering you are also the legal owner… that might chivvy them along!