A tricky family inheritance situation

David49

A solicitor is definitely needed do it now, a solicitors letter to the executor initially, a solicitor will be needed to sell the house anyway.

This kind of disagreement is common, not everyone gets what they expect, a bereaved spouse is not going to be pleased having to leave the house and has to be provided for, ultimately a court may have to decide what is appropriate if agreement is not found, avoid that if at all possible.

Wills are often changed if everyone agrees

No spouse involved so it’s sell the house.

A solicitor is definitely needed do it now, a solicitors letter to the executor initially, a solicitor will be needed to sell the house anyway.

This kind of disagreement is common, not everyone gets what they expect, a bereaved spouse is not going to be pleased having to leave the house and has to be provided for, ultimately a court may have to decide what is appropriate if agreement is not found, avoid that if at all possible.

Wills are often changed if everyone agrees

Go get legal advice from Citizens Advice. What a dreadful mother, I would go without myself to help my children. A letter from from a solicitor spelling it out is worth the money, the legal implications and the fact that if it goes to court no one will get anything as the costs will swallow the lot up. I don't belueve in estranging people but that woman is an exception.

Gin

Is the mother married? If so, would partner have any claim on her inheritance for the financial settlement if they divorce? Sounds like a can of worms.

That's got nothing to do with the son's (and daughter's) share of the will.

Is the mother married? If so, would partner have any claim on her inheritance for the financial settlement if they divorce? Sounds like a can of worms.

Of course your friends mum wants to move into grandad's house. And I would like to move into Windsor Castle. But the truth is, I don't have enough money. Neither does she.

Grandad spelled it out very clear that he only wanted her to have half of the house - not the whole house - and her son and daughter, each get one quarter. Simple math. Simple will. Sell it. She can't just squat on it because it looks so pretty now it's primed to sell.

Your friend should be offended that his mum is forcing him to start legal proceedings. Of course that is uncomfortable for him. She is doing it. Shame on her for interfering with her father's last wishes and causing a permanent rift in the family.

I suspect that the will is clear, assuming it was drawn up by a solicitor. It is the family members themselves who usually muddy the waters by refusing to accept the terms of the will, or think they can do it better, but without doing it legally or who generally do not understand probate law.

In many cases the reasons are long festering family problems.

DH was executor to an uncle, whose daughter from his first marriage did not get on with the second wife and rarely saw her father. DH's uncle left a very clear will stating what objects in the house he shared with his wife (she owned it) were to be inherited by the daughter.

We meticulously followed the list and gave her everything on the list, but she kept claiming that anything in the house that belonged to her father should come to her - and we did hand over extra items, but all she was entitled to was what was on the list. This did not stop her telling us, and everyone else who knew the family in DH's home town that we were liars and thieves and had cheated her out of her inheritance.

Your friends Grandfather appears to have made his will a bit muddy. If what you say is correct that half of his estate goes to his mother and 25% to each AC then the only way that can happen is to sell the house.
His mother is unable to pay the 25% to each grandchild. If no action was stated that the mother can stay in the house then it needs to be sold.
As others have said You need good legal advice. I wish people were clearer about what they want to happen to their assets once they die.

He needs to consult a solicitor. His mother as executor has a legal obligation to distribute the will in accordance with its instructions. It suits her not to listen to her son.
In the first instance the solicitor will send a letter outlining the executors responsibilities and penalties for not carrying it out. Yes, she'll be upset/annoyed/furious - but your friend has right on his side and shouldn't let his mother get away with denying the grandfathers instructions.

Even so, the mother must abide by the laws of the land. She cannot interpret the Will to benefit herself, there are penalties if she acts to her own advantage.
Your friend needs a solicitor.
NOW.

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

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.

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.

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.

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.

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

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.

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.

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.

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.

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 !!

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

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.

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

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.