Rights to family home

S

Strype

Guest
Hi,
Maybe someone here can give me some advice. I've lived in the same house since I was a child, with my parents until first my father died, then my mother, last year. There are other siblings but they've all made fairly good lives for themselves away from home a number of years ago.
My Mother didn't leave a will. There's really only the house, a modest detached in need of work.
Her own siblings have said my mother said to them she wanted me to have the house. Of course there's nothing in writing and now at least one of my siblings wants their share.
I'm mid 40s, on my own and have a very modest income, getting by by living very simply. I understand all the siblings have a right to an equal share but the last thing I need now is to have to take on a mortgage, even if I could get one, to "buy" the house I've lived in all my life.
Does anyone have any useful advice on what my rights are? Are they any greater since I've lived here all this time and looked after my parents through their retirement years? Can anyone offer any alternative options in sorting out this family situation? I know I must see a solicitor but I'd like to hear from anyone who might have gone through a similar situation.
I feel at a bit of a dead end at the moment, still grieving having lost my mother through illness and now facing the loss of my home.
Thanks.
 
Sorry to hear about the death of your mother. Two of my friends went through exactly the same thing although both with different outcomes. One of the families had no problem with my friend becoming the sole owner of the house as she was there with the parents and the rest all had their own homes and lives to be getting on with. However, my other friend's family were quite different - they insisted that my friend get a mortgage to buy them out even though he had returned from living abroad to look after his dad when his mother died. This family has four children and two dont speak to the other two now. Its an awful thing but the best of brothers and sisters often fall out when theres property involved. You can call FLAC which are the free legal advice centre - they have a website and their phone numbers are in the book. Some solicitors have a 'first consultation free' thing going on and of course you can ring them up first and speak to someone before going in to see them (go for small firms). Good luck and hopefully things will go ok for you.
 
I'd echo Marbill- get professional advice asap. This is too important not to.
 
It shows the importance of having a will. Under the 1967 Succesion Act the siblings have rights. If it goes to a dispute the circumstances would have to be taken into account but they must get something.

It's no use in tis situation but if one sibling has for example looked after an elederly relative or one got set up in busienss or education a will should reflect these facts in how things are distributed.
 
Tough

Ok sorry to hear about your situation , however it is one which is becoming more common these days due to property prices.

Firstly did your Dad leave a will ? You said that your Mother did intestate (no will).

If your dad left a will he no doubt left everything to your Mother and your family would have no bones about that (i hope).

The issue here is firstly how many are in your family , brothers and sisters ?

No matter how well they are doing they are still entitled to their share. But the process is such , since your Mother did not make a will all siblings are entitled to an equal share of the property , this is done by taking out probate. An executor needs to be appointed to lead the closure of her affairs , i suggest you do this straight away and name yourself , this is important. This is a process whereby all her affairs, bank a/cs , loans , stocks, including her home are assessed and passed by Revenue . Depending on your Mothers life this could be complicated or simple.

What is left after Revenue deduct any unpaid tax etc... which is not common is divided equally amongst your family.

However a letter is initially sent out by the solicitor stating that they are entitled to X amount.
Now your family can choose to accept this or they can also waive their right for natural love and affection of their brother and to also carry out your mothers wishes.

But you will always have one or two who will not tow the line. If that is the case do not get into a legal wrangle , sit down and work somethiing out , remember you own a share of the house already so deduct that from the current value.

Then try to reach a settlement with your family , get a valuation done and also estimates on the contents.

To be honest it all hinges on money , sad to say but that is my experience.

But please get a good solicitor , do not pick one out of the phonebook , get one by reference who specialises in land law, succession as you never know what lies ahead.

There is another route , if you stayed in the house for another 6 years and no one claimed there right to the property who could progress a claim for Adverse Possession , look it up , interesting point of Law.

Let me know how you get on !!


But do not start something until you have covered all angles , for example if you just stay there and say nothing , what will happen ? Probate costs about 3K so you will need this is you are to become executor or agree a split with you family , but that's where the testyness starts.
 
additional post

Hi again.
Thank you all for taking the time to reply. I appreciate all the help and advice and real life stories.
To 90210, after my father died a few years ago, everything was transferred to my mother. Apart from me, there are four other siblings. Two are supportive of my position so now I dont feel quite so isolated but it is early days yet.
I looked in to Adverse Possession but I dont think it would apply in this case if someone is claiming their stake already. If I read it right, the term was 12 years rather than 6. But 12 or 6, I dont think it matters in this case.
Before all this blew up, I had thought of making a personal application for probate because the estate was simple, just the house and a small bank a/c. In your reply, you also advised me to take out probate. Do you still think it is a good idea? Would the weight and responsibility of being executor or administrator be a help or a hindrance in these circumstances?
Thank you again for your replies. It is good to tease it out with someone. Do you have any other advice?
 
Re

I mentioned Adverse Possesion as a second route just in case matters got nasty and also as an advisement.

12 years is the full Statute but usually judges look at the claims arising in the first 6 , if none arises it's possibly sour grapes.

Anyway, one for the back pocket. I advise YOU to take out probate on your Mothers Estate and appoint your self as Executor as soon as possible.
You can process probate yourself but go to a good solicitor just to make sure that you have covered all the areas, as quite often it is only when you start probate you realise that the person's life was not as simple as once thought , believe me.

I am just pointing you in the direction , you must take professional advice , but it is also good to sound off your thoughts.

There is no real burden of being an executor , the solicitor will take care of the process and paperwork.
It just means that all the Estate is intrusted to you to disperse among the siblings, equally according to law and for you to sign off the shares.

I feel that it is in your best interest to be the person in the driving seat , I have found once another assumes the Executors role attitudes can change , given that you wish to stay in the house i feel it goes hand in hand.

Be prepared to buy your family out of the house and that will be based on an independent valuation.
Being family they might want there full entitlement or just a reduced amount or if you are lucky nothing.

Although that usually depends if you plan to live there long term or sell it an hit the road.

They could also retain a small share in the property , you do not have to buy them out completely and straight away. But it is better if you can afford to.

But do not dwell on the matter , get it done now , as time progresses attidudes and circumstances chage , so catch the wave while the winds blows in your favour.
 
will

What about the situation when everything is left in will to one sibling. We have a situation that parent is changing the will in favour of one of the siblings. The rest of family are not happy with this as its favouritism/selfishness as trying to guaranteee that one of the siblings will stay by her side.

The thing is everyone will do their share but dont think its favourable to will everything to one as my brother is well to do.

My question is do other siblings have a right to family property even if will made in favour of one person.
 
Challenge

All wills are challengable see notes:



Section:

Rights of children under a will
Unlike a spouse, children have no absolute right to inherit their parent's estate if the parent has made a will. However, if a child considers that he/she has not been adequately provided for, he/she may make an application to court. The child need not be a minor or be dependent in order to use this procedure. The court has to decide if the parent has "failed in his moral duty to make proper provision for the child in accordance with his means". Each case is decided on its merits and the court looks at the situation from the point of view of a "prudent and just" parent. Anyone considering challenging a will on these grounds should get legal opinion before applying to the court.

Children born within or outside marriage have the same rights.


In other words a parnet has a legal obligation t be fair and just when processing a will and to do what your parents are is totally challenable and in no way bounds the property to the beneficiary.
It just means the family will have to spend legal outlay , High Court Legal outlay to establish a fair and just will.

Discuss this with you family first , no a good situation and i have seen will turned over time and time, your parents solicitor will explain this to them.
 
good advice

Again my thanks to 90210 for sharing your knowledge with me and others here. At such a difficult time, it is good to hear good sense and good advice.
I'm taking what you say on board. I'm going to set the train in motion and hope for the best outcome.
 
Adverse possession

My dim recollection of studying this was that it is very complex...the fact that somebody is aware of the concept runs against them as far as I remember...there's also a debate about whether and when the possesion is truly adverse, i.e. if the owners are aware and make it known is it adverse or if they do nothing...can't quite remember all the cases and details but it's very very complex

In the case of the oppositie situation i.e. one sibling getting all, this can be challenged but the situation during life is important, most notable cases related to family businesses where a person got share while parent was alive an this was held against them when will was challenged as they were seen to have got their fair share when parent was living
 
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