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My Mother & Sister maybe trying to sell my property behind my back..

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  • sleepless_saver
    sleepless_saver Posts: 2,741 Forumite
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    For starters, your sister is an executor of the will and she cannot therefore be a direct beneficiary..[/QUOTE]

    Yes she can.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    nige_wales wrote: »
    It isn't possible to inherit the business without the property and the equipment that comes with it.

    But you said the property was rented out? Doesn't that mean the business had moved elsewhere? Or do you mean a third party was now running the business from the property? If so under what arrangement?
  • Lord_Baltimore
    Lord_Baltimore Posts: 1,348 Forumite
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    sleepless_saver wrote: »
    Yes she can.

    My mistake :undecided
    Mornië utulië
  • nige_wales
    nige_wales Posts: 38 Forumite
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    davidmcn wrote: »
    But you said the property was rented out? Doesn't that mean the business had moved elsewhere? Or do you mean a third party was now running the business from the property? If so under what arrangement?

    Hi, the business property has been rented out and they have used the business name also. First my nephew, then someone else and this is now the 3rd person to rent it.

    The person who is renting the business property was interested in buying it and asked us to have an estate agent see what the value of it is. We then decided to also value the house and were going to put it on auction and the business (inc property) up for sale.
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
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    It looks like from the will that you get the business (from the bit you've posted). You need to clarify what, legally the business consists of. Is it the name, the building, the goodwill etc etc. It doesn't matter what you think, what you family think or anyone else. What matters is how it is in law. You will need a solicitor.
    If you are left the business then you can do what you want with the business (including selling it). It is not up to anyone else (including the executors to sell it for you). If they are going to sell it then you may have to get a caveat or something put in place to stop them selling it but again you will need a lawyer.
    Get to the citizens advice and see if there are any local solicitors that work with them that could give you some basic advice to start with.
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • nige_wales
    nige_wales Posts: 38 Forumite
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    Do I NEED a solicitor? What can I do myself? Isn't there any way that I could represent myself at all and what would be involved if I did contest the executors that they are not acting in the best interest of someone who should be inheriting.

    The hardest part for me now is that the trust I have had with my mother has gone. First I was told by her that I would get an equal share of anything she made. Then after she talked to my sister she informed me that I would get nothing, she said that she was keeping all the money but would pay me for any jobs I did fer her around the house and garden. Then after I made a big fuss she told me that she did not say that I wouldn't get anything and that I was imagining it and that I would get an equal share again. Then when my fathers will arrived I saw it and had a look at it. I had asked my mother to let me know when it had arrived so that I could check it bet she pretended to me that she had not had the will at all (even though I had seen it). When I told her I had seen it she pretended that she did not know that the will was in there.

    To show how much I don't trust her I had my camera with me and I recorded the conversation to catch her out lying to me.

    If I could trust them both then I would not have this problem but I've lost my trust that they are acting in my best interest. Half of me thinks that I should get the full money from the business and make a clean break from my family and start over somewhere new because I am finding it hard living with someone I can't trust and am so worried that with old age she will get worse.. My sister has treated me like an outcast for a long while now and that may be why she is giving my mother such bad advice..
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    nige_wales wrote: »
    Hi, the business property has been rented out and they have used the business name also. First my nephew, then someone else and this is now the 3rd person to rent it.

    Is this formally documented? It's not clear to me what "the business" which your father still owned actually comprises (or whether the valuations you're talking about have taken everything into account).
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
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    I think you do need to get legal help. But you need to make sure it is someone who is good with bequest and businesses, but who can also explain to you what you can expect. Just as I would be in this situation, there is a lot of confusion between intent/what the will covers exactly and what has value, even before discussing what the value of the assets actually is.

    You may find that the will is worded so badly that there are several interpretations as to what was intended. And you may find it will cost far more than the value of the assets to get them.

    Then you have to decide if you are better off psychologically with walking away and letting them get on with their dirty games. Sometimes you can lose more than you will gain. I'm not saying this is so. But it could so easily be. I have never gotten on with my family and I have already decided that I want nothing to do with any bequests when they die. I decided I wasn't part of the family and that's that. End of. Sometimes its the best way.
  • time2deal
    time2deal Posts: 2,099 Forumite
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    nige_wales - the thing you can do yourself is find out who owns the property(ies). Go and download the title from the land registry. If it says 'Nige_wales business Ltd' as owner then it is part of the business, if it says 'Nige_wales father' the it is not and forms part of the estate.

    This costs £4 per title from the government land registry website.

    If it's the former, you own it - you get to make decisions and can sell to who you want, if it's the latter, the the estate owns it and you will have to work with your family. The legal ownership is key.
  • lincroft1710
    lincroft1710 Posts: 17,754 Forumite
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    You don't know exactly what the constituted the "business"

    We don't know exactly what the constituted the "business"

    So you need someone who can try and work it out from whatever relevant documents there are in existence, a solicitor with a specialist knowledge. And you need one fairly quickly.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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