Family dispute over inherited house with right of residence

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Dancingkitten

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I need help! I've lived in my house for 4 years with husband and 2 kids. House was left to husband, 1 brother, 3 sisters in will. 1 sister is intellectually disabled, has a right of residence in the will but is in permanent respite. Brother and sister have own houses. 2 sisters living abroad for some time now. 1 sister lost husband returned home and wants the house. We want to buy it, she doesn't agree and we all fell out. So she said sell it. Brother doesn't agree. Should we go to court?
 
To get this straight in my head.

House was left to 5 siblings with a right of residency for one sibling (Mary).

Mary is now in residential care & can no longer exercise her right of residency.

Under what agreement did you take up occupation of the property? Were you caring for Mary or are you rent paying tenants?

IANAL, but I wonder if it might be possible to have the right of residence removed, if it can be clearly established that Mary can no longer live independently?

The property can them be put on the market and you can make an offer in the normal way.
 
Who is the executor ?
Has probate been granted?
Does the house belong the estate or to the 5 siblings ?
 
Yes, probate has been granted that's all done. House was left to the 5 of them in equal measure. Mary was gone a while when we moved in, we were never her main carers. I have so many questions. We had the house valued and offered to pay them out. The two who live in Ireland are OK with this. The two who lived internationally were not, they see it as the only property they might ever own because they can't get mortgages. We have been here for 4 years kids in school etc we can't force them to sell their share to us unless we go to court and even then the court may just tell us to put the house up for sale. But if this happens we can still buy the house, it's a gamble, but we could. Thoughts anyone?Also we don't pay rent, there is no written agreement because my husband owns a share of the house. We pay the insurance, maintain it etc. I know it'd be simpler to walk away but it'd be so much cheaper to stay where we are we'd have a much smaller mortgage than if we were to go elsewhere and we're very settled here.
 
Dancingkitten said:
we can't force them to sell their share to us unless we go to court and even then the court may just tell us to put the house up for sale.
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That's the risk. I went sale agreed on a house early last year that had been left equally to siblings. The probate hadn't been finalised at that point but we were assured it was all in hand and would be wrapped up in a couple of weeks. It later transpired that one of the siblings changed their mind and no longer wanted to sell, the executor ended up taking High Court proceedings in an attempt to force the sale. We withdrew our offer some months later and to date, that property has not come back on the market.
 
Actually the house can't be sold at all unless you have Mary's right of residence removed; or the unlooked for event of Mary's demise.
 
Why is that though? If she doesn't even live here anymore and hasn't done for some time?how do we get right of residence removed if it's in the will?
 
Excerpt from the will: I give, devise and bequeath my house at XYZ to all of my children in equal shares for their own use and benefit absolutely subject however to a right of residence, maintenence and support in favour of my daughter X for the term of her natural life.
Sole executor is the oldest sibling.
 
Unless I missed something, you didn't clarify how you installed yourselves in the house rent free for the past four years?
 
The right of residence is an issue but here is a bigger issue which is quite simple.

5 people own a house. One of them wants to buy the rest out. Some of the owners don't want to sell, and one of the owners may not have the capacity to consent to a sale ( the sister who is intellectually disabled)

You have asked " Can I force the other owners to sell me their shares?"
I'm not a lawyer, but that is the first question you need to ask a lawyer
 
Dancingkitten said:
Why is that though? If she doesn't even live here anymore and hasn't done for some time?how do we get right of residence removed if it's in the will?
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Q1. The house will not be sellable with a right of residence attached
Q2. Doesn't matter, the existence of a right is independent of the ability to exercise it.
Q3. That's what you need a Solicitor for.

...one of the owners may not have the capacity to consent to a sale
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It would need to be checked, but most likely Mary is a WOC or one of the siblings has POA.
 
Thanks all for your advice. I know you said ask a lawyer, but does anyone know if it's relatively do able to remove a right of residence. And if so is that what the executor would have to agree to?
ALSO there has been another suggestion put to us. That they buy us out. Now say for example the house is worth €150k, is that divided between every single one of them or just the siblings minus the one who has right of residency?
 
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Say for simplicity the house is worth €500K and is to be divided equally between 5 siblings. House sells and each sibling ends up with €100K.

However, Mary, has a right of residency until she dies, she is 40 and can potentially live until 80. She needs to give up her right of residency for the house to sell. A value of 25% of the house value is put on this. The house is sold. Mary gets €125K as her right of residency. There is €375K left, each sibling including Mary gets €75K.

So you want to live in the house, then you buy it for €500K, you get €75K from the inheritance and take out a loan for €425K.

The executor must make the decisions, and take action. It should not matter to him what the other siblings would like or not like, it is what is in the will that m. The right of Mary to live in the house must be recognised as a cost to the estate.

If I was him I would do the following.

Charge you and your husband rent including back rent for the last 4 years at market value, less vouched costs of any jointly agreed upkeep or improvements to the house.
Value the house and come to an agreed value.
Agree with Mary’s legal representatives the % value of the house her right of residence is worth.
Offer to sell the house to you for the agreed value (maybe 3 valuations and take the average).
If you can’t buy at the price or raise a mortgage, sell the house on the open market.
Distribute the estate, less costs and taxes.
 
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