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Left The House In My Late Mum's Will But My Sisters Refuse To Sell It-HELP! - Page 26

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Left The House In My Late Mum's Will But My Sisters Refuse To Sell It-HELP!

edited 16 February 2016 at 6:17PM in Deaths, Funerals & Probate
259 replies 65.5K views
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  • bouncydog1 wrote: »
    The court may order the sale - but the other person will have to pay substantial legal fees to get things to that stage with no guarantee that the court will order the sale. My response is based on legal advice received when faced with a very similar situation. Matters were resolved in the end but it took c2 years.
    There is every chance that the Court will order the sale and the costs will come out of the other party's inheritance. The way the other party has behaved can be given in evidence to the Court that will not look favourably on people who mess about in this way. The OP should not give in to the bullying.
  • edited 29 March 2016 at 7:15PM
    GirlFromMars_2GirlFromMars_2 Forumite
    459 posts
    edited 29 March 2016 at 7:15PM
    annbarbs wrote: »
    Yes I am in a HA flat but it not sheltered or supported accommodation or anything like that. I have a one bedroom HA flat with an assured tenancy for life.
    And I have heard that both Council and HA tenants do have the right to buy their flat but I think it depends on the Council or HA you are with.

    But unfortunately the money I will get from my mum's house when sold(114k) won't be enough for me to buy a flat. And as you know I won't be able to get a mortgage either because I am not working.

    Which is a shame as think I would be better off in a bought flat as at least then I would be my own boss.
    But even if I could buy my HA, I wouldn't.

    Because my flat is a new build in a block and although I would own my flat, the HA would still own the building and communal areas freehold. So if anything went wrong with for example the communal lighting or the water pump that pumps in our water supply to our flats, I would still have to go to my HA for repairs and wait for them to fix it. And I would still be subject to my HA rules such as we cannot even put up our own satellite dish, or TV Arial,we have to use the communal one.

    That's why it's not worth buying my flat off my HA.I would be better off buying a private flat or maisonette with my own front door that leads out into the street. Or at least one where I would own my own communal area as well.
    Not a flat in a block where you still have a lot of restrictions.

    I know people who have bought flats in a block where they only own the flat but the landlord owns the building freehold. And believe me they are not better off than renting because there are still a lot of restrictions and the freeholders often do not maintain the property.

    So if you are going to buy a flat it's better to buy one with your own front door and no freeholders as I said.

    But sadly because I will only inherit a third of the money from the house that won't be enough for me to buy a flat,only rent.Which is a shame for me as I want to leave my HA as they are not all that great. Plus the rent I will have to pay my HA will be the full rent of £604 per calendar month. And I am not happy about that at all. Since their service is not all that great.

    The rent with my HA is higher than with most HA because it's a new build property.

    So my plan is to leave the HA and rent a private flat up north from a private landlord or letting agency when I get my inheritance of course.
    As the rent in Liverpool where I want to go will only be about £80 or £90 a week for a one bedroom flat. Which is a lot less than what my HA will charge me.
    Sorry, I didn't realise you'd returned to this thread, so has taken me a while to reply!

    The Housing Association I am with and am suggesting you contact is a special Housing Association, for Adults with Learning Disabilities, Mental Health Problems and Physical Disabilities that helps clients become a shared ownership owner along with the Housing Association.

    It doesn't work in the same way as the housing association that you are used to.

    This Housing Association works with the client to purchase a local home that is suitable for their needs. So, in your situation you want a front door, and want to be able to make alterations to the property, for example a sky satellite dish. This is just fine, because the client chooses the property from whatever is for sale locally. There are a few conditions, like the property can't be very old and in need of repair.

    In my situation I own outright a 55% share in my 2 bed flat. That cost me about £65,000. The Housing Association own the other 45% of my flat. I claim Housing Benefit that is payed directly to the Housing Association, that covers the rent for the portion of the flat I don't own. All service charges, general maintenance of the building, and a sinking fund for future large works are also covered by the Housing Benefit.

    £114,000 should definitely be enough money to buy a property for you to live in. If you want to live further north, you may be able to purchase a property out right. But your other option is a Shared Ownership along with a good Housing Association, that would allow you to purchase closer to home.

    Read more about Shared Ownership by clicking Here.
  • This is incorrect. Buying a house to live in is not Deprivation of Capital.

    I receive Income Related Benefits, and used an inheritance to buy a house for myself to live in. Both the DWP and Local Authority were fully informed of my intentions before the purchase, and Decision Makers from both organisations were very happy for me to use my inheritance to purchase a property in which I live, without it being classed as Deprivation of Capital.

    If anyone is ever in this situation, they need to write to the DWP/Local Authority in advance, and get a decision in writing about whether purchasing a property would be DoC.

    There is a lot of misinformation about this on the Internet, the only person who can make a decision in any specific DoC case is the DWP/LA decision maker. And so far as they are concerned in my case (and others that I am aware of) Buying a house in which you intend to live is not DoC.

    It may be incorrect but the poster in question is an intelligent, long standing member of MSE and she went into it at some length over a period of time and with many discussions with the DWP and DMs, both over the phone and face to face. None of us could understand it and many people made suggestions to her but, in her case there was no way round it, I'm afraid.

    I'm happy that you had a better outcome but it isn't necessarily as cut and dried as you think.
  • Sorry, I didn't realise you'd returned to this thread, so has taken me a while to reply!

    The Housing Association I am with and am suggesting you contact is a special Housing Association, for Adults with Learning Disabilities, Mental Health Problems and Physical Disabilities that helps clients become a shared ownership owner along with the Housing Association.

    It doesn't work in the same way as the housing association that you are used to.

    This Housing Association works with the client to purchase a local home that is suitable for their needs. So, in your situation you want a front door, and want to be able to make alterations to the property, for example a sky satellite dish. This is just fine, because the client chooses the property from whatever is for sale locally. There are a few conditions, like the property can't be very old and in need of repair.

    In my situation I own outright a 55% share in my 2 bed flat. That cost me about £65,000. The Housing Association own the other 45% of my flat. I claim Housing Benefit that is payed directly to the Housing Association, that covers the rent for the portion of the flat I don't own. All service charges, general maintenance of the building, and a sinking fund for future large works are also covered by the Housing Benefit.

    £114,000 should definitely be enough money to buy a property for you to live in. If you want to live further north, you may be able to purchase a property out right. But your other option is a Shared Ownership along with a good Housing Association, that would allow you to purchase closer to home.

    Read more about Shared Ownership by clicking Here.

    It probably would be but the OP is only inheriting one third of that amount, which is what this thread is about.
  • It may be incorrect but the poster in question is an intelligent, long standing member of MSE and she went into it at some length over a period of time and with many discussions with the DWP and DMs, both over the phone and face to face. None of us could understand it and many people made suggestions to her but, in her case there was no way round it, I'm afraid.

    I'm happy that you had a better outcome but it isn't necessarily as cut and dried as you think.
    Nope, it's not always cut & dried, and that's why I'd suggest anyone in this situation write to a Decision Maker for a decision.

    However, in my case I spoke to three separate decision makers (LA over the phone and via email, one DWP via post, and the other DWP over the phone) and none of them raised any level of concern at all. They were all absolutely adamant that I could buy a property to live in, and the Local Authority one at least was astounded I should have been told otherwise.

    The only person who can make a decision is a Decision Maker, anything else is opinion. Very sorry the other poster had such a different outcome!
  • It probably would be but the OP is only inheriting one third of that amount, which is what this thread is about.
    Hopefully I don't have to read the entire thread again? But I was under the impression the 1/3 of the estate had been valued at £114k - so the full estate was £342?k - pretty sure there's a house, and bank account with a considerable amount in it to be distributed.
  • From the first page - 1/3 of the estate is estimated at £114K
    annbarbs wrote: »
    Thanks Mojisola.What you have said is pretty much the same thing as what my solicitor told me.

    Probate was granted by the High Court on 29th December 2015 to my sisters who are the executors of the will and was executed by my sisters solicitors.

    So my sisters used their own solicitor to aply for probate on their behalf.

    My solicitor has sent me the letter from the court which says that my mother died on 5th November 2015 and is buried in England and Wales.

    The High Court has also valued my mothers house as £364,000 if sold.

    And the terms of my late mum's will is that each sister gets a third of the sale of the house(if sold) which is about £114,00 for each of us.

    So if the house is sold I could get £114,000 and my 2 sisters will also get £114,000 if the house is sold for that amount.





    Yes that is what my Solicitor has told me and it also says that in the copy of my late mothers will that I have.
    Sorry I mean't to say executors.


    Yes my solicitor told me that but that now means that the house has now been handed over to us, that is me and my 2 sisters but they are the executors.


    Yes and according to the terms of mum's will I inherit a thirds of everything as does my 2 other sisters.
    Meaning that if the house is sold me and my sisters get a third of whatever the house is sold for and a thirds of my mothers savings she left us.



    There are no debts documents sent to me and my solicitor via my sisters solicitor state that mum did not have any debts.
    So that's not a problem.



    My solicitor told me the same thing.
    That my sister can only stay in the house if she buys her way out by giving me my share of the sale of the house.
    But that is not going to happen became my sister do not have that kind of money.

    And even if they did I don't think they are going to give me £114,00,so the house will have to be sold my solicitor said.

    And the each of us, that is myself and my sisters will have to both pay the Estate Agents fess for selling the house and the legal costs involved out of our money from the sale of the house.

    And I will of course have to pay my solicitor his fees for whatever work he has done for me, as this is not covered by Legal Aid.
    But I know that, as I was told this by the CAB who said that wills and probate is not covered by Legal Aid.



    My mother has left £77,000 which is what she had in her savings and is to be divided between the 3 of us.
    So we each get £25,000 but that is not enough for either of my sister to buy out my share of the sale of the house.

    And that money won't be paid to either me or my sisters until the end of the solicitors administration after the house is sold.
    So we won't get that money now.

    And sisters do not want any contact with me so I cannot talk to my sisters because they do not want to see me and won't even let me in the house if I try to visit them.

    So there is no way I can talk to them.
    That is why I have gone to a solicitor because of this because my sisters don't want anything to do with me
    So there is no way I can go to my sisters or talk to them.
    My solicitor will have to do it. There is no other option for me but to go though my solicitor because I cannot contact my sisters myself, they don't want any contact with me.


    So far my solicitor has been dealing with this by writing to my sisters solicitors. But we had a letter from my sisters solicitors to say that their role was only to get the grant of probate, not sell the house.

    So my solicitor has told me that he is now trying to find out if my sisters solicitors are still dealing with the property.

    If they are not then we need to find out if my sisters have got another solicitor or are dealing with it themselves.
    That's what my solicitor is now trying to find out.

    If my sisters are dealing with the property themselves my solicitor said he will write to both of them and advise them their legal position as executors which is what he told me.

    My solicitor also told me if my sisters refuse to sell then I may have to take legal action against them.
    But we(me and my solicitor) have to give my sisters a certain amount of time before we do this and I cannot take my sisters to court now not at this point in time because it is only 5 weeks since they were granted probate, so not enough time.

    I also told my solicitor that I would sell the house myself if I could but he would have to help me since I don't know how to do this myself or what to do.

    But he said I cannot because I am not the executor.
    I don't know if that would change if my sisters refuse to sell and I do have to go to court.
    Maybe the court would then grant me that right?
    But I think that would only be if my sisters never sold the house or refused to sell.

    If your sister was a live in carer then I don't think it is at all surprising that she does not want to leave the house, she may even feel you are trying to kick her out. Have you talked to her about her options for housing?



    My sisters have cut me off so I cannot talk to them as I explained.

    I don't think my sister has gone to court to ask to stay in the house and
    I am not sure if she could do that or not.

    But I will ask my solicitor. Or get him to find out as that's something we would have to fight if that is the case.
  • jouefjouef Forumite
    97 posts
    From the first page - 1/3 of the estate is estimated at £114K
    From the first page (without reading everything in detail again) the estate comprises a house priced at £364k and £77k cash, to be divided in equal thirds. That's £147k each, less costs (which could be considerable).
  • jouef wrote: »
    From the first page (without reading everything in detail again) the estate comprises a house priced at £364k and £77k cash, to be divided in equal thirds. That's £147k each, less costs (which could be considerable).

    Yes,sorry, I misread it.:o
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