Selling deceased estate

C

Camps

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Hi,

I am looking for some advice and I hope someone can help.

4 yrs ago my mother passed away. She left her house to her 4 kids (of which I am one) with a right of residency to two of my siblings who were living in the house at the time.

Since then my brother has met a girl and moved out. This leaves my sister as the only person living in the house. (Prob for the past 2 years)

My brother and other sister (who is not living in the house) both want their share of the house. They both have valid reasons.

My sister who is still living in the house is very opposed to this as she sees it as her house now. I suppose with right of residence she is right to dig her heels in.

Personally I am on the fence about it but have suggested that I buy out the other 3 and leave my sibling continue living there until my own kids are old enough to use it. This will be approx 20 years time.

I figure this is the fairest way forward as two of my siblings will get 'their share' whilst the other one can still live there. The benefit for me is that my kids have a house when they grow up.

My sister who still lives in the house has a recent solicitors letter stating the house cannot be sold if she is living there. This however contradicts what the solicitor who drafted my mothers will said, at that time.
I should point out that I am the executor of the will and was present when it was being drafted.

My question is - which solicitor is right?
A) The one who said the house cannot be sold or
B) The one who said that the majority would rule.

Also, as executor of the will do I have any role to play other than that of beneficiary?

I hope that makes sense!!

Thanks.
 
Camps said:
My question is - which solicitor is right?
A) The one who said the house cannot be sold or
B) The one who said that the majority would rule.
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My bet is on A, the will granted this person a specific right and did not provide any means for it to be taken away... I would think what needs to happen is that this person's right needs to be bought out before going any further, because your solution just kicks the can down the road and of course your children may not even what the house when the time comes...
 
Thanks Jim2007.

I thought that right of residence was valid whilst the person remained a (part) owner of the house.
Whether they remained a part owner of the house depended on the majority rule of all beneficiaries.

If what you say is correct, then being a beneficiary isn't really worth anything unless the two with right of residency agree to a sale?
 
I think you and one of the solicitors may be confused about the role of an executor.

An executor is not a conciliator or referee in family disputes relating to wills. Your job is to execute the wishes of your deceased mother as expressed in her will. You should also note that an executorship is not a democracy and beneficiaries do not get to vote. Yes, it may be nice to take their views on board and to try and satisfy them, but only in the context of your mother's will. You have no powers to do anything that is not in the will and no powers to ignore or change any of the wishes expressed.

This statement is spot on IMHO "the will granted this person a specific right and did not provide any means for it to be taken away" so even if her share is bought she is still entitled to her rights of residency. You can buy your three siblings shares but that changes nothing unless you and she reach an agreement / accommodation.

IANAL and this is not legal advice, but you may need some.
 
Thanks mathepac.

Yes, we'll clarify with a solicitor but what is being said above makes sense.

Prob complicated as 1 person with RoR wants to remain living in the house and the other one wants to sell. The one who wants to sell has a terminal illness so I can't blame him for wanting to sell and get his share.
 
I'm sorry to hear of the difficult circumstances. At the best of times an executor's can be a thankless job; add in life's complications and it demands even greater wisdom and patience.
 
Is your sister paying any rent on the property? I would assume that she should be making some contribution to her three siblings?
 
Macbookair said:
Is your sister paying any rent on the property? I would assume that she should be making some contribution to her three siblings?
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Why should she? If she was living in the house at the time of her mother's death and was granted right of residence (presumably until her own death or until she agrees to sell the house) why should she pay anything to her siblings ?
 
Macbookair said:
Is your sister paying any rent on the property? I would assume that she should be making some contribution to her three siblings?
Click to expand...

No at all, the right to live there was granted to her in that will and as such she is fully entitled to resided there as and when she wishes. And unless the will says otherwise she will retain that right until she dies - even if she vacates the property.
 
Ya I agree with the last 2 posters, the individual has been given the right of residence so nothing is owed to the other co owners.

If your mother intended to gift the house to the occupant for life and then to the others that is the position. If she intended to gift the house to the occupant until she moved out or another event then that's what the will should have said.

I'm sure @vanilla will be along shortly to put us all straight.
 
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