Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    archived user
    Left The House In My Late Mum's Will But My Sisters Refuse To Sell It-HELP!
    • #1
    • 16th Feb 16, 3:55 PM
    Left The House In My Late Mum's Will But My Sisters Refuse To Sell It-HELP! 16th Feb 16 at 3:55 PM
    My mother died 2 months ago in November 2015 and she has left both her house and a small sum of money to myself and my 2 younger sisters in her will.

    My 2 sisters are both the executives of the will, but I am not. But my mum has included me in her will and left the house to the 3 of us and we each get a third of everything.

    That is if my late mums house is sold, the money from the house sale will be divided between myself and my 2 sisters.

    And my late mother also left us money which is her savings from her bank account which is also to be divided between myself and my sisters as is the terms of mums will.

    I want to sell the house but the problem is that my sisters don't want to sell it because the other sister who used to be my late mum's carer does not want to move out.

    My other sister is married with a house of her own and I have my own flat. But I want to sell the house because I am on benefits and need the money for myself.


    My situation is that my sisters do not want any contact with me and it was like this even when mum was alive.

    So I have gone to a wills and Probate solicitor who has taken my case. Because of my family situation,my sisters won't see me or talk to me, there is no way I can sort this out on my own. And my sisters solicitor won't have any conversations with me, since she is my sisters solicitor not mine.

    So I have had to get a solicitor of my own which I have done. But I have found out that it won't be covered by Legal Aid but my solicitor has said I will be billed the fees at the end of administration after my mums house is sold as I will have the money from the house sale.Which is an agreement I am happy with.

    What has happened so far is that my sisters solicitors applied for probate on behalf of my sisters who are executives of the will.
    My late mother left her house to me and my sisters.


    My sisters solicitors applied for and my sisters and I were granted Probate by the high Court on the 29th December 2015.
    Which means that my mums house is both mine and my sisters and can be sold.

    My solicitor who is acting for me has so far been contacting my sisters though their solicitor.


    But now my sisters solicitors have told my solicitor that their role was limited applying for the grant of probate and my sisters are not ready to sell the house.
    And I am not happy with this at all as it seems that my sisters are trying to get out of selling the house.


    I would sell the house myself but my solicitor has told me that because I don't have the automatic right to do this since I am only a benefactor of my late moms will but not the executive.
    My 2 sisters are the executives but not me.

    I don't understand this because mum has left her house to me and my sisters in her Will. So the house now belongs to me as well as my sisters.

    So why can't I sell it?

    But my solicitor said that as a benefactor I have the right to receive my late mothers estate and make sure that my sisters who are the executives of the will deal with the property correctly and sell it in a reasonable amount of time.

    And if they don't I can take legal action against the executives who are in this case my sisters.

    So I told my solicitor to do it, but my solicitor said we cannot take it before a judge now because it has only been 5 weeks that we have been granted probate. And I have got to give my sisters(the executives of the will) more time to get the house on the market.


    But my sisters are doing nothing about this.

    So where do I go from here?

    And is my solicitor telling me correctly or can more be done about this?

    Please can someone advise since I don't know much about the laws of probate.
    I am in England, well London actually and my mum died in London so the will is subject to English law. Just to let you know.
    Last edited by annbarbs; 16-02-2016 at 4:17 PM.
Page 1
    • Mojisola
    • By Mojisola 16th Feb 16, 4:30 PM
    • 31,499 Posts
    • 80,759 Thanks
    Mojisola
    • #2
    • 16th Feb 16, 4:30 PM
    • #2
    • 16th Feb 16, 4:30 PM
    My mother died 2 months ago in November 2015 and she has left both her house and a small sum of money to myself and my 2 younger sisters in her will.

    My 2 sisters are both the executives of the will, but I am not. But my mum has included me in her will and left the house to the 3 of us and we each get a third of everything.

    Your sisters are executors of the will, not executives.

    [B]My sisters solicitors applied for and my sisters and I were granted Probate by the high Court on the 29th December 2015.
    Which means that my mums house is both mine and my sisters and can be sold.

    Probate wasn't granted to you because you are not an executor.


    But now my sisters solicitors have told my solicitor that their role was limited applying for the grant of probate and my sisters are not ready to sell the house.

    And I am not happy with this at all as it seems that my sisters are trying to get out of selling the house.


    I would sell the house myself but my solicitor has told me that because I don't have the automatic right to do this since I am only a benefactor of my late moms will but not the executive.
    Originally posted by annbarbs
    You are a beneficiary of the will.

    The executors will need time to wind up the estate. They have a legal obligation to make sure that all debts are paid before they start to distribute the estate. This can take many months.

    If one of your sisters wants to stay in the house, she will need to buy you out. If she won't, you can force a sale but it will be expensive and you'll have to make sure that your inheritance isn't going to be used up in legal fees.

    If there is money as well as the house, you could suggest to your sisters that they have the house 50/50 and you get paid your share from other money.
    • bouicca21
    • By bouicca21 16th Feb 16, 5:17 PM
    • 4,597 Posts
    • 7,357 Thanks
    bouicca21
    • #3
    • 16th Feb 16, 5:17 PM
    • #3
    • 16th Feb 16, 5:17 PM
    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?

    I suspect it is worth asking your solicitor whether your sister has acquired a right to continue living in the house.
  • archived user
    • #4
    • 16th Feb 16, 6:23 PM
    • #4
    • 16th Feb 16, 6:23 PM
    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.



    Your sisters are executors of the will, not executives.
    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.

    Probate wasn't granted to you because you are not an executor.
    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.

    You are a beneficiary of the will.
    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.

    The executors will need time to wind up the estate. They have a legal obligation to make sure that all debts are paid before they start to distribute the estate. This can take many months.

    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.

    If one of your sisters wants to stay in the house, she will need to buy you out. If she won't, you can force a sale but it will be expensive and you'll have to make sure that your inheritance isn't going to be used up in legal fees.
    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.

    If there is money as well as the house, you could suggest to your sisters that they have the house 50/50 and you get paid your share from other money.
    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?

    I suspect it is worth asking your solicitor whether your sister has acquired a right to continue living in the house.
    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.
    Last edited by annbarbs; 16-02-2016 at 6:30 PM.
  • archived user
    • #5
    • 16th Feb 16, 6:56 PM
    • #5
    • 16th Feb 16, 6:56 PM
    I was told by both my sisters solicitor who contacted me after my mother had died regarding the will.
    And my own solicitor that if I do not want to allow my sister to live in my mothers house.

    That it will have to be sold or my sister will have to buy her way out to continue to live there.

    Since my sisters do not have that money to give me my solicitor said the house will have to be sold unless I give my sister permission to carry on living there.
    Which I don't want to do.

    Because I am on benefits and I have been advised by both CAB and my solicitor that selling the house is the only way. Because if I just took my mums 25k and let my sister live in the house.
    Benefits would be stopped because my savings would be over 16,000 as we know. That's fair enough.

    But when the 25k ran out and I tried to claim benefits again, I would not be entitled to any and I would be disqualified from claiming benefits again because by refusing to sell the house I would be deliberately or intentionally depriving myself of capital I could have had to live on.

    So I have been advised by both my solicitor and the CAB that the only course of action is to sell the house, unless my sister can buy her way out which she cannot.

    Also as my benefits will. be stopped anyway as they will be once mums will is distributed, then I might as well claim my full entitlement to the will which is my share I will get after the house is sold.

    And anyway there is no other choice for the reasons explained above.
    Last edited by annbarbs; 16-02-2016 at 7:07 PM.
    • Mojisola
    • By Mojisola 16th Feb 16, 8:00 PM
    • 31,499 Posts
    • 80,759 Thanks
    Mojisola
    • #6
    • 16th Feb 16, 8:00 PM
    • #6
    • 16th Feb 16, 8:00 PM
    The High Court has also valued my mothers house as 364,000 if sold.

    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.

    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.
    Originally posted by annbarbs
    You could suggest that the will is varied so that you are given the 77,000 cash and your sisters take a larger percentage of the value of the house.
  • archived user
    • #7
    • 16th Feb 16, 8:17 PM
    • #7
    • 16th Feb 16, 8:17 PM
    You could suggest that the will is varied so that you are given the 77,000 cash and your sisters take a larger percentage of the value of the house.
    Originally posted by Mojisola
    The 77,000 is the savings from my mothers bank account and that is to be divided among the 3 of us so we each get 25,000.

    My late mother will is that we each get a third of everything. My mum left the house to the 3 of us.

    If the house is sold each sister including me can only claim a third of whatever the house is sold for. And the same is true of my mums savings.

    My mum left the 77k of her savings to the 3 of us. So that money is divided into 3 and we each get 25k and so 25k is all I will get from mums savings as the other 2 thirds go to my 2 other sisters.
    That is the will.


    As I have said before, because I am on welfare benefits, it is the law that if your savings get to 16k and over the benefits stop. Because I have to tell the DWP.
    So as I am to loose my benefits even if I chose not to sell the house, since if I just took the 25k my savings will then be over 16k and my benefits will stop.

    So I might as well sell the house and claim my full entitlement or inheritnce to the will my mum left me.

    I have mental health problems so I will never be able to work. So If I sell the house and claim the money I will have enough to live on for the next 20 years or so and won't have to claim benefits for a very long time.

    Where as if I just take the 25k and not sell the house that will only last a year then I will be back on benefits again. And I don't want that.
    Last edited by annbarbs; 16-02-2016 at 8:26 PM.
    • Mojisola
    • By Mojisola 16th Feb 16, 8:22 PM
    • 31,499 Posts
    • 80,759 Thanks
    Mojisola
    • #8
    • 16th Feb 16, 8:22 PM
    • #8
    • 16th Feb 16, 8:22 PM
    The 77,000 is the savings from my mothers bank account and that is to be divided among the 3 of us so we each get 25,000.
    Originally posted by annbarbs
    But this can be changed if your sisters agree to it - then you could have the 77,000 and a smaller percentage of the house.
    • TBagpuss
    • By TBagpuss 16th Feb 16, 8:39 PM
    • 7,557 Posts
    • 9,829 Thanks
    TBagpuss
    • #9
    • 16th Feb 16, 8:39 PM
    • #9
    • 16th Feb 16, 8:39 PM
    You've said several times that your sister doesn't have the money to buy you out, but she might be able to get a mortgage to do so.

    It sounds as though it's very early days, in terms of the estate. It may eventually come to you having to force a sale but it's early for that.

    The point people are making about agreeing a reduced sum is this.

    Your mum left a house worth 364,000 and savings of 77,000, so a total of 441,000. (less any liabilities such as funeral expenses, costs of sale, solicitors fees etc) So you are entitled to 1/3 of that, or a total of 147,000. That could be 25K from savings and 122K from the house, or it could be 77K from savings and 70K from the house, if your sisters decides that they didn't want the house to be sold yet, and they could borrow 70,000 against the house.

    Or if you were willing to do so, you could agree with your sisters that you would accept 77K (effectively gifting them the rest) or that you would agree to have 77K now and for the house to be sold later, so you would get a further lump sum in a few years time.

    But at this stage, you don't have any reason to think that your sisters are not going to sell the house, it's very early days.

    You could write to your sisters and ask them if they can let you know what they are planning and when they expect to put the house on the market.
    • securityguy
    • By securityguy 16th Feb 16, 9:32 PM
    • 2,414 Posts
    • 3,682 Thanks
    securityguy
    You could suggest that the will is varied so that you are given the 77,000 cash and your sisters take a larger percentage of the value of the house.
    Originally posted by Mojisola
    Clear deprivation of assets.
    • konark
    • By konark 17th Feb 16, 12:00 AM
    • 1,235 Posts
    • 940 Thanks
    konark
    Clear deprivation of assets.
    How? She has the same assets as before, only more in cash and less in property equity.
  • archived user

    You could suggest that the will is varied so that you are given the 77,000 cash and your sisters take a larger percentage of the value of the house.
    Clear deprivation of assets.
    by Mojisola
    Clear deprivation of assets.
    Originally posted by securityguy
    Yes it as as that would be less than my full inheritance if I don't sell the house.

    The 77k is what was savings from my mothers bank account but that was left to the 3 of us, myself and my 2 sisters. And I can only inherit a third the same as my sisters can only inherit a third.
    Which is 25k for each of us from the 77k of mums savings.

    And I and my sisters can only inherit a third of the money from the sale of the house. So if someone buys the house for say the 364k that it is valued at we each get 114k which is a third.
    As well as the 25k each from mums money.

    Yes my sister will have to leave the house but she will get 114k plus the 25k the same as I and my other sister will get.

    It won't be enough for her to buy a place but she will be able to rent a flat if she wants. So she won't be living on the street with that money.

    As I am unable to work I won't get a mortgage because you have to be working to get that.

    My mum could not get a mortgage when she moved from her last house to this one. So she had to buy her house upfront with the capital she got from the sale of her old house.

    But I know that the 114k and the 25k I will get won't be enough for me to buy a place upfront as my mum did as a 1 bedroom flat would cost more than 114 to buy.Well it would here in London anyway.
    As I am unable to work I won't get a mortgage because you have to be working to get that.

    So I will have to carry on renting but given that the rent for my Housing Association flat is 149 a week or 7000 a year as it works out which I will have to pay in full plus my full Council Tax which is about 1200 per year.

    That money could last me about 15 to 20 years. which is not a lifetime but will help.

    My solicitor said that the only way my sister could stay in the house is if she buys her way out of my share-That is give me 114 which she hasn't got.
    Otherwise the house has to be sold.

    My solicitor told me that as a benefactor I have the right to make sure that my sisters the executors deal with the estate correctly in the appropriate or reasonable amount of time.

    If they don't then I can take legal action against the executors but the solicitor said I cannot do that now. Because it has only been 5 weeks since probate was granted so it is too early time. And I have got to first give my sisters a time to put the house up for sale first.

    My solicitor advises to give my sisters 3 to 6 months to get the house up for sale. And if after that time they have not, then I can take legal action.
    But I don't want to wait that long. I want the house put up for sale now and for it to be sold ASAP so I can get my money.
    Last edited by annbarbs; 17-02-2016 at 1:53 AM.
    • nom de plume
    • By nom de plume 17th Feb 16, 7:47 AM
    • 885 Posts
    • 801 Thanks
    nom de plume
    My solicitor advises to give my sisters 3 to 6 months to get the house up for sale. And if after that time they have not, then I can take legal action.
    But I don't want to wait that long. I want the house put up for sale now and for it to be sold ASAP so I can get my money.
    Originally posted by annbarbs
    You do need to listen to your solicitor. It's far too early to be pushing for the estate to be finalised.

    I can't speak from experience but I doubt your benefits will be affected at this stage and, at worse, I would expect you may have to repay some money but cannot see your benefits being reduced until such times as you have received your share.

    In the meantime you could ask for an interim distribution of the cash monies.
    • silvercar
    • By silvercar 17th Feb 16, 8:06 AM
    • 39,359 Posts
    • 163,325 Thanks
    silvercar
    But I know that the 114k and the 25k I will get won't be enough for me to buy a place upfront as my mum did as a 1 bedroom flat would cost more than 114 to buy.Well it would here in London anyway.
    As I am unable to work I won't get a mortgage because you have to be working to get that.
    So if you are not working, do you need to live in London. I'm not suggesting you move hundreds of miles away from friends and support, but if there are no plans to work you could move to a cheaper area a bit further out..

    My solicitor advises to give my sisters 3 to 6 months to get the house up for sale. And if after that time they have not, then I can take legal action.
    But I don't want to wait that long. I want the house put up for sale now and for it to be sold ASAP so I can get my money.
    You are being too impatient. Your sister has to cope with losing her home as well as her mother. It is quite normal for things to take months.
    • securityguy
    • By securityguy 17th Feb 16, 9:25 AM
    • 2,414 Posts
    • 3,682 Thanks
    securityguy
    My solicitor advises to give my sisters 3 to 6 months to get the house up for sale. And if after that time they have not, then I can take legal action.
    But I don't want to wait that long. I want the house put up for sale now and for it to be sold ASAP so I can get my money.
    Originally posted by annbarbs
    You can't and won't get the money in anything like that period. They have, in practice if not in law, at least a year before anyone will even begin to entertain the idea that they are being dilatory. The DWP cannot consider you to have had the assets until you have actually had them, particularly if you are not an executor (I suppose in theory they could argue that an executor should hurry up - I can imagine some might, for example, delay finalising an estate in the hope that they find work before the estate pays out, so that they maximise their access to JSA).

    On the issue of deprivation of assets, the person who suggested taking the cash says they meant that you could take the cash now plus a smaller share of the sale later but coming to the same total, so it's not DOA. It's a possibility, although I can't really see benefit of it: 77k would presumably stop your benefits, so that happening earlier rather than later isn't necessarily a good thing for you.
    • Mojisola
    • By Mojisola 17th Feb 16, 9:53 AM
    • 31,499 Posts
    • 80,759 Thanks
    Mojisola
    On the issue of deprivation of assets, the person who suggested taking the cash says they meant that you could take the cash now plus a smaller share of the sale later but coming to the same total, so it's not DOA. It's a possibility, although I can't really see benefit of it: 77k would presumably stop your benefits, so that happening earlier rather than later isn't necessarily a good thing for you.
    Originally posted by securityguy
    The cash wouldn't have to be given to the OP immediately. It could be distributed at the same time as the rest of the estate is settled.
    • getmore4less
    • By getmore4less 17th Feb 16, 10:36 AM
    • 37,231 Posts
    • 22,966 Thanks
    getmore4less
    Stripping this back the legal owners of the house become the executors, with the grant of probate, hlding the house in a trust with the three of you having beneficial interest.

    You will not be able to sell the house without agreement or a court order and that is going to take a while as in months not days.

    of the two of the 3 don't want to sell then that could make it difficult.

    The other thing the carer/live in sister could do is apply to the court to have a bigger interest in the property as that was her home, a life interest could be the outcome of that.

    There is another potential solution but you probably won't like it.

    As a beneficial owner of the property you could(depends on the exact wording of the will) have the right to live there already so could move in.

    I suspect that would not go down well.

    As others have suggested the option for them to buy you out and have clean financial break would be they raise money against the house to fill the gap between what cash will be left and your share.
  • archived user
    I have spoken to my solicitor today and I have asked him about some things some posters on here have said.



    I suspect it is worth asking your solicitor whether your sister has acquired a right to continue living in the house.
    My solicitor said my sister cannot do this a court cannot do this.


    The other thing the carer/live in sister could do is apply to the court to have a bigger interest in the property as that was her home, a life interest could be the outcome of that.
    My solicitor said NO she cannot unless my sister had bought the property when my mother was alive which she did not.

    My mother bought the house and was the owner and it was my mum who allowed my sister to live there with her. But my sister did not own the house, my mum did so she cannot apply to a court for this.


    There is another potential solution but you probably won't like it.

    As a beneficial owner of the property you could(depends on the exact wording of the will) have the right to live there already so could move in.

    I suspect that would not go down well.
    No there is absolutely no way that my sister would allow me to live in the house with her. As I told you my sisters do not want anything to do with me and do not even want any contact with me.
    If I tried to go round there to see them they won't even let me in the house and they won't even talk to me on the phone.
    So there is no way I could do that.

    The situation is that I want to sell my mothers house but my 2 sisters don't want to sell.

    Sister A
    Is single has no children and never been married. She was living in my mum's house with my mum and was caring for her before she died. And is still living in the house now.

    Sister A does not want to sell the house because she does not want to move out.


    Sister B

    Is married with 2 children and lives in her own house with her husband and does not need the house for herself but because Sister A my other sister wants to carry on living in my mums house she does not want to sell it because my sister has said she does not want to leave my mums house. So she is siding with my other sister.

    I want to sell the house because I want my third of the money from the house myself.
    My mum has left her house and her savings to the 3 of us, myself and my 2 sisters in her will.
    And we each get a third of everything.
    So I own a third of the house.

    My mum made my 2 sisters executors of the will and my solicitor told me.
    That as executors of the will my sister have an obligation to deal with the property appropriately and in time.

    My solicitor told me as a beneficiary I have a right to receive the estate. If my sister refuses to vacate, as a beneficiary I have a right of action against the Executors, my sisters, to ensure that the estate is dealt with properly.

    My solicitor also told me that there is a concept of the Executors year. It is reasonable for me to expect to receive the money from your Mum’s Estate at the latest by the 1st Anniversary of her death. Which is November this year, since she died in November 2015.

    But that depends on when the house is sold and if someone buys it by then or not. Obviously if nobody buys the house it could take longer.

    And if my sisters do not deal with the property in a reasonable amount of time or are not handing things as they should and refuse to sell the house.

    I can take legal action against them and my sisters can be removed as executors of the will. And the court can order my sister to sell the house.
    That's what my solicitor told me.


    The biggest problem is obviously my sisters since they do not want to sell the house and have so far not done anything about it.
    But I think I have done the right thing going to a solicitor as I won't be able to sort this out on my own.
    Last edited by annbarbs; 17-02-2016 at 3:34 PM.
    • getmore4less
    • By getmore4less 17th Feb 16, 4:17 PM
    • 37,231 Posts
    • 22,966 Thanks
    getmore4less
    How long was sis A living in the place?

    Was there any other dependency?

    She can apply to the court they decide not your solicitor.

    If as you insist you own part of the property you have a right of access.

    If they hold their ground you won't see anything this year.
  • archived user
    If they hold their ground you won't see anything this year.
    Refer to my previous post which is what my solicitor told me:

    My solicitor told me as a beneficiary I have a right to receive the estate. If my sister refuses to vacate, as a beneficiary I have a right of action against the Executors, my sisters, to ensure that the estate is dealt with properly.

    My solicitor also told me that there is a concept of the Executors year. It is reasonable for me to expect to receive the money from your Mum’s Estate at the latest by the 1st Anniversary of her death. Which is November this year, since she died in November 2015.

    No I might not see the money this year. As we may have to take court action against my sisters the executives if they ignore their obligations and refuse to sell the house. And all of that takes time to be resolved but the house will be sold eventually. But no one can give me an exact time as to when.

    As my Solicitor said we may have to take my sisters to court to do it. And my sisters can also be removed as executors by the court if they fail to do their duty or obligations.

    My sister has always been living with my mother before she died. Mum moved there in 2010. Before that mum lived in her old house which she sold to buy this one.

    No there were not other dependents, mum owned the house and my sister who is in her 40's lived with mum. My sister has never married or had children. She has lived with mum and dad all her life, then when dad died in 2003 she stayed in the house with mum.

    My other sister is married with 2 children but she has her own house which she and her husband own.

    My sister who lived with mum until she died never had children, so she has no dependents.

    Yes it's true that because mum left her house to the 3 of us in her will that I do own the property. But so do my 2 other sisters. We each will get a third of capital from the sale of the house but we can only inherit a third each not the full amount of the sale.

    Meaning whatever the house is sold for example 364k will be split in 3 and we each get 114k. The value by the High Court is only a rough estimate of what we could sale the house for. If house prices go up value could increase or decrease.

    Yes I probably could live in the house legally but my sister is in there and she would not want it. And if I did that it would cause a lot of problems because she would never let me live with her. My sister would never have me living with them. And I would not want to anyway.
    Last edited by annbarbs; 17-02-2016 at 5:11 PM.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,710Posts Today

6,824Users online

Martin's Twitter