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Thread: Inheritance conflict...what are my rights

  1. #1
    Regular Member Brocks's Avatar
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    Default Inheritance conflict...what are my rights

    Are there any Probate solicitors on here?

    My dad died last May (8 months ago). The estate was left to me and my three brothers. Our relationship is stormy to say the least. Normally taking two sides. Before Dad died, his house had been on the market and has failed to sell. It has been on the market now for 2 years without an offer for 23 months!

    Two brothers, one from each side of the split are the executors. One brother has basically said the other can do it all (up until now). The funds for the estate have been collected, and are ready for distribution. The remaining issue is the house.

    The “other” side as I will call them have taken to using the collected pot as a piggy bank to dip into for home improvements and the like without agreement from all 4 beneficiaries. Their view is as long as there is a majority vote they can spend what they like. This has made my blood boil as I have never agreed to any of their spending.

    Recently the main executor asked what we should do following the receipt of a hand written note at my parents house offering to rent for 6 months with a view to buy. Now all hell has broken loose.

    The other side (inc silent executor) is adamant the house WILL be rented and they have started the ball rolling. The other executor said he favoured auction but has now started to prefer renting.

    I have stated that I want to Auction the house, and the funds shared. I want out. I also said if they want to buy me out I will listen to offers.

    So far the response has been "Tough, we are renting and there is nothing you can do to stop it".

    All I want is my share and the right to walk away. I have no intention of entering into a business arrangement with the family on these terms.

    What can I do?

  2. #2
    [Ex]Admin Duncan's Avatar
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    The first, and obvious question is - what exactly was the wording in your Dad's will regarding the house/estate? If it's clear as day then they can't go against it - be they the executors or not.

    If they've dipped into the current pot for their own things, then that should be duly recorded so that when the remaining amount is distributed then their share will be less what they have taken out already.

    The exact wording of the will is critical in this one and it sounds like you really need to get a solicitor to look at the will and give you advice.

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    Regular Member Brocks's Avatar
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    It says x pounds to the grandkids and Y pounds to aunty Mable. The rest is then disposed of and split equally between the four. I have asked for the cash and the shares to be split....No one has said NO but no one is doing anything about it.

    Morally I think, I'm in the right, but before I go to a solicitor (my Brother in law is one but wants to stay out of it) Although he is advising. I don't want to spend money needlessly.

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    Regular Member MalcGSI's Avatar
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    As Duncan said, those that have already had some of the "pot" should have their final amount reduced by the amount already taken. If the wording is that the property should be sold \ disposed of then I would have thought that should happen unless the wording is:-

    should be sold \ disposed of as the executors see fit (or similar).

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    Regular Member Ste's Avatar
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    Opinion and moral point may not be the issue. The issue is legality. You need to see a solicitor, and with a copy of the will.

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    Regular Member Fruit'n'nut's Avatar
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    Quote Originally Posted by Ste View Post
    You need to see a solicitor, and with a copy of the will.

    What Ste said. Good luck getting it sorted.

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    Regular Member john_k_sri's Avatar
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    Yes, you need to go to a solicitor. Only a solicitor can advise you as to the legality of the executors' actions and what can be done about it. Am I right in saying that executors are effectively trustees, and whether they stand to gain is legally irrelevant? Sounds like a conflict of interests to me, but again, see a solicitor, the sooner the better, if only for your own peace of mind.

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    Regular Member MalcGSI's Avatar
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    An executor can also be a beneficiary, but a beneficiary can not be a witness to the will being signed.

    As said, talk to a solicitor.

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    Regular Member Brocks's Avatar
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    Quote Originally Posted by Ste View Post
    Opinion and moral point may not be the issue. The issue is legality. You need to see a solicitor, and with a copy of the will.
    Quote Originally Posted by Fruit'n'nut View Post
    What Ste said. Good luck getting it sorted.
    Guy's you are right and I realise that, I just wondered if anyone could tell me what I am getting into before I spend lumps of dosh. As I said my brother in law is a solicitor and has given me some guidance but he is way to busy closing large business down to get involved.

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    Ex Vec-C Admin Stevel's Avatar
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    Steve I don't envy your position mate.

    When my Nan died I was the Executor. In her will she said she wanted "something" to go to her two son in laws but didn't say how much. I had to get every beneficiary to agree to the amount that I thought she thought appropriate and luckily they did although it was questioned a few times.

    I saw a solicitor for advise and it was free for the first half an hour or so. Don't know if that's still the case but might be worth checking. At least you could get an idea of cost.

    Best of luck mate. Families eh.

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