A tricky family inheritance situation

The executor of the will should be carrying out the wishes of the GF.
I feel this should have been done earlier than this.
The house should have been sold and the proceeds shared.
No legal knowledge but just common sense.

If wondering who the executor is? If it’s your friend’s mother, probably the only way to get the inheritance is to ‘ get legal’, starting with a solicitor’s letter.

This should have been sorted out as soon as probate was completed. The house should be sold which could attract capital gains tax is the value has increased in value since then. It all depends on the terms of the will

There is no choice but 'to get legal' Betty. A will is a legal document and the wishes of the deceased must be carried out. This should have already been dealt with if your friend's GF died 2 years ago.

The alternative is for you to rent your half of the house to your mother and sister, if you can trust them to pay the rent regulalry and not stop paying and use that income stream to fund your house purchase.

However, failing that, the only solution is, I am afraid 'to get legal'

There is no point in talking about things you should have done - you didn't so lets deal with the current situation. It is the executors legal duty to implement the terms of the will and if they do not then they are in breach of the law.

Who owns the house.?
Into whose name was the title transferred.
What about the declaration for inheritance tax.
Weren't all the details sorted out when probate was granted.
It's hard to understand the situation.

Surely your friend is the owner of half the house as grandpa has left half his estate. Looks like she will have to buy them out if she wants to live in it.

Who is/are the executor/s? They are legally bound to carry out the instructions in the will.

This happened to a friend of mine their mums partner - who was told he could have half assumed he could sell everything including the house and when he died the children could have what was left . It took a legal case to sort it out, whst was sad was my friends mum thought she had done everything right

the executor doesn't have to get legal, they already ARE legal. They already have the right to sell the house according to the testators wishes without the permission of the beneficiaries. They also have the right to change the locks if the mother won't give up her keys in order to prevent her moving into the house.

Your friend could instruct the executor to follow the terms of the will. Or he could call his solicitor to begin legal proceedings.

It is possible to amend a will if all the beneficiaries agree, but it sounds as if the son needs his share - which is undoubtedly why grandpa left him 25% of its value. It is not only unfair to deny him (or his DS) his share but is against the law without his agreement.

Agree with the other comments on here - the executor(s) of the Will should have sorted this out a couple of years ago.

OR: it is possible, that the situation has been resolved with the result that the house is now jointly owned (and registered with Land Registry) between the mother (50%) and the two siblings (25% each presumably). Depending on any agreement between the 3 parties, if your friend wants to sell up he should be able to do this and pay off each party as appropriate.

An alternative way forward is for the mother to pay rent for the 50% of the property she does not own

Totally agree in this situation if executor either incapable or not fulfilling their legal duty then the law is the only way.
Certainly not pleasant I know, been there, but really has to be the next step.
Good luck !!

If the wishes of the will are not followed through, it is braking the law. Whoever is named as the executor of the will, it is their job to ensure the will is followed, otherwise the executor will be in trouble. From what l have read the house must be sold and all proceeds, dished out accordingly. If the mother wants to live in the house, she will have to buy out the others, she cannot what she wants. Has the executor sorted out probate yet? All who are me tionexi. The will have a legal right to see it....Why do people always want more than they have been granted. Money is the root of all evil.

I believe that the friend only owns a quarter of the house if half was left in equal shares to himself and his sister.
There is definitely a need for some legal advice as ownership of the property needs to be registered with the land registry.
Hope everything works out in a friendly way.

In a village near here a small terraced house was left to the granddaughter. Missing out the old ladies daughter. So the mother and daughter have been at loggerheads for over 20 years while the old house falls apart.

You do not say where you live and frankly how you deal with this situation does entirely depend on what the law is where you are.

Few on Gransnet ever stop to think that both property and inheritance laws are different in English and Scots law, and if, as many gransnetters do, you live in Canada or Australia or anywhere else, most of what has been stated in answer to your question is probably of no use to you.

Your friend needs to consult a solicitor first thing. He also needs to try to talk to his mother about doing as her father's will stipulates and handing over his and his sister's part of his estate.

It will not be an easy or pleasant talk, but if he starts by telling her that he and his girlfriend are considering marriage, children and their own home, that might just ease the situation. Most women her age are looking forward to grandchildren. He also needs to try and convince his sister that the present situation cannot continue.

If it does, I mean if he and his sister take the line of least resistance and let their mother stay on in the house, how do they know they ever will get their inheritance? If she cannot get a mortage and cannot afford to buy them out, can she afford the necessary repairs to the house as time goes on?

What do they do, if she suddenly wants to sell her half of the property? What indeed do they do if she suddenly drops dead?

This man and his sister need sound legal advice NOW.

They have wasted time and probably money as well on "doing up the house" - stupid thing to have done, as it will not increase the price the y get if the house is sold. Don't waste more time.

I agree that to 'get legal' is the only way to resolve this.

The mother leaving the partner will need to monetise her share of their place if possible. This could leave her with enough to buy out your friend. However the mother mother needs to sort her will out carefully, as if the daughter er is living rent free and the house accrues financial value this would impact on your friend’s share. Sounds a horrid thing to sort out. The daughter needs to tell their mother they can’t do it. The sone may need recompensing for his share of Labour/ materials if they did it up themselves.

If all this names are on the deeds she can pay rent to the other owners.

Any monies paid by the grandchildren to do up the house should be paid by the daughter to the grandchildren.

Usedtobeblonde

The executor of the will should be carrying out the wishes of the GF.
I feel this should have been done earlier than this.
The house should have been sold and the proceeds shared.
No legal knowledge but just common sense.

My thoughts exactly! This would have been the decent thing to do, have to wonder what the solicitor and executor(s) were thinking in allowing the matter to become such a complicated mess.

ExDancer

Who is/are the executor/s? They are legally bound to carry out the instructions in the will.

This.
The mum must be told that she is legally obliged to carry out the terms of the will.
Personally I’d get a solicitor to send her a ‘frightener’ letter - spelling that out in officialy crystal clear terms.

They are in the Uk and sadly the mum is the executor. My friend is just the nicest loveliest person who doesn’t want to hurt his mum but at the same time wants his dues. His mother unfortunately is a selfish controlling person (my thoughts