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

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  • betty1234
    betty1234 Posts: 19 Forumite
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    But will her benefits not stop if she doesnt gave property up for sale. Ive read you have to inform dwp as soon as probate is granted, then house goes up for sale straight away and you get 26 weeks grace from dwp then they stop your benefits??. Its only what ive read on other posts so note sure???
  • brewerdave
    brewerdave Posts: 8,507 Forumite
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    Post 225 does raise an interesting point ( at least to me as a layperson:)) - if a property is left in a will as 3 equal shares DOES a sale have to be carried out ? eg if 2 of the beneficiaries see it as an appreciating asset for the future, doesn't a simple majority hold sway ?? Or are the two obliged to buy the third person's share out ??
  • jouef
    jouef Posts: 117 Forumite
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    betty1234 wrote: »
    But will her benefits not stop if she doesnt gave property up for sale. Ive read you have to inform dwp as soon as probate is granted, then house goes up for sale straight away and you get 26 weeks grace from dwp then they stop your benefits??. Its only what ive read on other posts so note sure???
    brewerdave wrote: »
    Post 225 does raise an interesting point ( at least to me as a layperson:)) - if a property is left in a will as 3 equal shares DOES a sale have to be carried out ? eg if 2 of the beneficiaries see it as an appreciating asset for the future, doesn't a simple majority hold sway ?? Or are the two obliged to buy the third person's share out ??
    Two crucial points, which are beyond my area of knowledge but which can hopefully guide the OP towards what specialist advice they need. This highlights the risks of simply advising the OP to wait and cut her sister some slack as she might be upset.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    brewerdave wrote: »
    Post 225 does raise an interesting point ( at least to me as a layperson:)) - if a property is left in a will as 3 equal shares DOES a sale have to be carried out ? eg if 2 of the beneficiaries see it as an appreciating asset for the future, doesn't a simple majority hold sway ?? Or are the two obliged to buy the third person's share out ??

    Will depend on the exact wording which routes are available.

    The will may allow the executors to assent the property to the benificiaries thus wiping their hands of the issue(as executors)

    Then it becomes a forced sale situation just like any other property dispute with more than one owner(eg divorce).
  • jouef
    jouef Posts: 117 Forumite
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    getmore4less wrote: »
    Will depend on the exact wording which routes are available.
    The will may allow the executors to assent the property to the benificiaries thus wiping their hands of the issue(as executors)
    Then it becomes a forced sale situation just like any other property dispute with more than one owner(eg divorce).
    So not just a timescale issue then ...
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    As far as a sale is concerned yes just a timescale issue, the ability to assent if the will allows just offers another delay tactic options.
  • jouef
    jouef Posts: 117 Forumite
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    getmore4less wrote: »
    As far as a sale is concerned yes just a timescale issue, the ability to assent if the will allows just offers another delay tactic options.
    The OP has been advised by several posters to step back and wait; if there is a question of assent or disposal to be resolved, waiting could invoke detrimental consequences. Of course there is a timescale to any course of action, but in this case the time taken is not the material issue.
  • Gigervamp
    Gigervamp Posts: 6,583 Forumite
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    betty1234 wrote: »
    But will her benefits not stop if she doesnt gave property up for sale. Ive read you have to inform dwp as soon as probate is granted, then house goes up for sale straight away and you get 26 weeks grace from dwp then they stop your benefits??. Its only what ive read on other posts so note sure???

    This is a good point. OP could lose her benefits if there's too much of a delay.
  • nom_de_plume
    nom_de_plume Posts: 959 Forumite
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    No actual knowledge but how can this be so when the OP is not an executor and thus has no direct control over the sale, etc.

    Also on a more personal note to this thread; from what I have read between the lines, the OP does not need any more to worry about. Speculation will only further add to the stresses the situation she finds herself in have already created.
  • jouef
    jouef Posts: 117 Forumite
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    nom_de_plume wrote: »
    No actual knowledge but how can this be so when the OP is not an executor and thus has no direct control over the sale, etc.
    Also on a more personal note to this thread; from what I have read between the lines, the OP does not need any more to worry about. Speculation will only further add to the stresses the situation she finds herself in have already created.
    The OP has done considerable research into understanding the effects on her benefits and has gone over this in detail on the thread. The OP has been clear that the executors (a) refused to contact her and (b) were initially reluctant to sell the house, even having doubts that they intend doing what their solicitor has said they will. This is what she asked for help with, and being told to "calm down dear" and wait does not address these concerns. If someone can clarify whether the DWP will take executor delay into account, that will be useful to the OP. Avoiding the question could leave her in difficulties if the executors have not acted and the DWP still holds her liable.
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