House Will

faolteam

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Father in law left a will Divided between 4 siblings, since passed away ,

The will stipulates that the house can not be sold unless all siblings agree, and there is 1 sibling living at home,

Is this Legal or should i say can this be contested if all 4 don't agree, or is it what it says on the package

Thanks in Advance
 

Feemar5

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I would read it that the Father has passed away. According to the Will the house cannot be sold unless you all agree. While it would appear the house cannot be sold it seems unfair that one out of 4 can hold up everything. Can you discuss the situation with the occupant ? What does your solicitor say ? Who is the executor ? While the Will says the house cannot be sold it does not say that 1 person can live there rent free. Can you all meet and ask the executor to get clarity on the Will and try and agree a solution .
 

faolteam

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Sorry the father passed away siblings all alive

the one sibling still pays all the bills in house etc No Mortgage

the executor is the sibling living in the house
 

noproblem

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He might like to pay some rent which you can all share. Then again has he actually said he won't sell, do you all talk to each other, is he in need of a place to live, does his family live with him (if any), are all the siblings in need of the proceeds? Did your father appoint him as the executor of his will and why?
 

Palerider

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Isn't the wording of the will just daft, was there a Solicitor involved in drawing this up or witnessing it.

If the occupiying executor wants to dig in they can, if so the will as it is may have to be contested to have it set aside, all a huge palava and of course costly, see if the executor is prepared to buy out your quarter interest in the house he currently occupies.

They can buy you out alone or all of the other siblings together.

I would not suggest the option of them paying rent just now, that's for later.
 

samfarrell

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The will stipulates that the house can not be sold unless all siblings agree, and there is 1 sibling living at home,
In my experience all parties often dont agree but to have it explicitly worded in a will is odd. Is the person living there always, does the will give them a life interest or right to reside ?
Has probate been taken out by the executor ?
 

Vanessa

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In my experience all parties often dont agree but to have it explicitly worded in a will is odd. Is the person living there always, does the will give them a life interest or right to reside ?
Has probate been taken out by the executor ?
Sorry but it is not odd, stupid yes, odd no.
It is these type of conditions that are quite common and will cause nothing but trouble for families and riches for solicitors.
While the property cannot be sold without consent it is quite possible that an individual share could be sold to another shareholder. Proper accounts should now be compiled including a payment of rent by the occupier. This payment may be enough to cover maintenance, LPT, Insurance. All properly documented to prevent the occupying sibling from claiming ownership
 

huskerdu

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You need legal advice to review the will and inform you of your rights .

If the will is legally sound, then you can’t insist that the house is sold.

However , you should insist that probate is carried out and the house put in the ownership of the 4 siblings , if that has not already happened. That way , the 4 owners have an equal say in decisions and not just the executor .
 

faolteam

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wow so many questions okay, the sibling was paying rent. ie giving the father contribution to the house,
also paying half of some bills insurance, LPT,Alarm monitoring etc, house is worth about 320,000
Solicitor was involved, the father was sentimental Guess he didnt want to see the house go,sibling is single
 

noproblem

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Good luck with it and make your own will. This particular type of will is a hell of a lot more frequent that people think
 

Clamball

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As Huskduru says best thing to do is ensure probate goes through and house is placed in ownership of the 4 siblings.

The executor/occupant should continue to pay 1/4 rent offset by maintenance/insurance.

And after that there is very little can be done unless the executor decides to move out and agree to sell.

if I were a sibling I would offer my 1/4 to the any of the other 3 siblings for sale and if I walked away with €20K after fees and costs I would be happy. Or even €10K. Nothing is worth all that grief and stress. Maybe even try to do the deal before the house ownership is transferred so as to never be involved.
 
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