Inheritance question

Underwurlde

Hi all,

My parents are in their 80s and have prepared a will whereby the bulk of the estate (house) will be split between their four children when they pass. I say the bulk because theres a complication in that one of my sibling's sons was raised by my parents and continues to live with them even though he is now in his forties. They have left some provision for him in the will also. While we're fine with the provision, my concern is that he will refuse to move out of the house and make things very difficult for us. The thought of having to face years of legal wrangling is quite worrying.

Looking for some guidance/ input/experiences here? Anything that should be done now to mitigate a nightmare situation in the future? I plan to get some formal legal advice but would like to get some initial direction here..

Thanks,

UW

flanna01

I think you have more of a Family problem than a legal problem?

Once the property is transferred to the four children, they become the legal owners, and can sell the property at will.

I would guess the sibling with the cuckoo in toe, may not be so quick to sell up? Where does the lad go then?

Given the current property market, and the sky high rents, I would imagine there will be some serious resistance from the sibling and the Son to move out..?

This has all the ingredients of a good old Family bust up.

Good luck with it. Its a messy one.

csirl

A person who inherits a house cant be forced into an ownership situation. If they want the cash value of the house, the executor has to oblige. Its also not a majority vote situation. If one sibling wants the house sold/liquidised, it doesnt matter if the other 3 dont.

But as another poster said, this is more of a family issue than a legal one.

Dublin Calling

https://www.boards.ie/discussion/comment/123502188#Comment_123502188

While this is true, it can still require an expensive court case to push through. There have been a number of similar stories in the news over the years and probably a lot more you don't hear about.

Jim_Hodge

Does the will specify that the house be sold and the proceeds distributed?

Deeec

I know of similar situation. Father left house to be sold and divided between his 4 children. After father moved into nursing home the eldest daughter ( who is executor) moved her son into the house. After father died grandson is saying he will buy the house - the problem is he's only in his early 20s and can't get a mortgage and probably has no chance of getting a mortgage for the foreseeable. His mother ( the executor) is doing nothing to ensure house is sold and that her siblings get their share. Meanwhile he continues to live there rent free.

I'm also interested to hear what can be done in this situation. I imagine it's not a rare occurrence.

3DataModem

"His mother ( the executor) is doing nothing to ensure house is sold and that her siblings get their share. "

• this makes the executor personally liable for any financial loss you incur. This includes lost rent, loss of value, etc.

https://ifamagazine.com/21-rise-in-executors-of-wills-being-sued-in-the-high-court-87-cases-in-past-year/

Underwurlde

A lot of input here, thanks all. Just to clarify, it's just the grandson living in the house. His mother (my sister) lives close by and if it came down to it, she could provide him with a room.

Additionally, he's had a good job for the last 20 years and very little outgoings so he could well afford to buy a place of his own. I'll revert back in due course with any legal advice that I get.

UW

mayota

While it's good to openly discuss the situation with your siblings and parents, the value of the estate may well be used up for nursing care. Who knows what the future will bring. One or both parents could live 10 or 15 years. Deal with inheritance when time comes.

SupaCat95

https://www.boards.ie/discussion/comment/123502428#Comment_123502428

Smart people do that, but in reality most normies dont want to believe that they will die. To quote the film "A Good Year",

"Death, like all tradesmen, would be unable to find my front door"

There are some people who never write a will because it becomes a self fulfilling prophecy. A few people I have heard of, like John Magnier have complex legal and financial mechanism which frame the taxman as the enemy. This is fixing that he has the use of farms that he has already distributed wealth to his children and grandchildren, to hedge against the taxman.

Other stupid wills I have heard of try to tie people to property they dont want to own by tying the family plot to the family home. Leaving the house to two or more people who have nothing in common with eachother or bad relations. It would be better that the house be sold on the open market and the proceeds divided.

I am convinced solicitors write these wills despite knowing the fallout that will occur, to generate more billable hours.