# right of residence in a will



## jellybaby10 (25 Jan 2017)

My deceased father confired "a general right of residence"  in the family home to two of his sons and his daughter in his last will and testament.
One on my brother's wants to sell the family home but I do not ,what rights do I have as one of the sons who was comfired the right of residence. Also the brother who wants to sell the house claims he is entitled to one third of its value. I am adamant the house will not be sold .What does the law say about this.


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## Jim Stafford (25 Jan 2017)

Rights of Residence are common in wills, particularly around farms etc

Simply put, your brother has to accept that you have a legal entitlement to live there.

Your brother might  attack the will on the basis that your Dad did not make adequate provision for him, and that the house should be sold.  Whether such an action would be successful would depend on the facts and circumstances of the case.

Depending on the wording of the will, it might be possible for the Executor to sell the house, but with the Rights of Residence being incorporated into the sale.  I have seen cases of such sales.  Obviously, the value of the property would be greatly reduced by the Rights of Residence. The purchaser would have to wait until the last of you and your siblings passed away before he could get vacant possession.

The Executor could attempt to "buy out" the Rights of Residence, but he would have to buy out all 3 Rights.


Jim Stafford


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## dereko1969 (25 Jan 2017)

1. Are you or the other two currently living there?
2. Why are you "adamant" the house is not sold?
3. What do you think your father's wishes were, what was to happen when you and your siblings died?


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## Bronte (25 Jan 2017)

You have the right to reside there. His '1/3 ' share only arises when you all either die or cease to live there and the house can then be sold for you each to get your share.

As Jim says, if the house were to be sold, the new owner would not be able to take possession of it until you all are dead. So a potential purchaser would be a very rare thing to find, plus the price would be massively reduced to take into account you might be there for another 10 or 70 years.

I presume your brother is not in the house but like to get his hands on his share right now, but is frustrated because he realises the clause in the will prevents him.

And it's not a case of being able to outvote you either. You have the right to reside there and that's it.  Tell your brother to calm down, and failing that tell him go waste money on a solicitor. I presume the executors solicitor has explained the will to you all.


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## jellybaby10 (25 Jan 2017)

Thanks Jim much obliged for the advice.


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## jellybaby10 (25 Jan 2017)

Nobody lives there at the moment.I will eventually live there exercising my right to do so at a.later date. I currently pay all the bills ie Gas, electricity , TV on the house including insurence which my father stipulated be kept on the house in his will and be maintained in good order, which it is. I occasionally stay at the house my brother and sister do not stay at the house even though  they have residency rights as they prefer to live in their own houses . I dont own a house .

I dont want the house sold as I plan on living there untill I die.

My fathers wishes were that after all his children have passed the house would be left to all the grandchildren on an equil basis.

Thanks dereko1 ,969 for your reply.


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## Billo (25 Jan 2017)

Does occasional use constitute residency ?

Why not buy out the brother and sister ?


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## jellybaby10 (26 Jan 2017)

Thanks Bronte for your advice.

He thinks he is being hard done by because he wont benefit financially if the house is not sold but his children willin the end. It will be left to all the grandchildren after all my fathers sons and daughters pass on. I dont see how he is being treated  any less favourably then me and my sister when we all have residence rights.He just want to cash in  and I dont .


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## jellybaby10 (26 Jan 2017)

I dont has the financial means to but them out.

The will doesn't stipulate when I have to reside there it just states that I have right of residence.
But I will eventually move in permanently some day.
I know that the wishes of my father was that it would  remain in the family because its stated in the will that after all his children are passed then it is left to the grandchildren.
My argument is that my brother is granted the same residence rights as I am and if he chooses to live in his own house then that is his decision. .He shouldn't be able to force a sale but when  there is no mention of selling the house in the will  and seeing that he is treated no less favourably then me ànd/or my sister in the will  he cant force a sale when it woukd deprive me of what was bequeathed to me in the will.


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## Joe_90 (26 Jan 2017)

A right of residence may work where the grantees are married to each other or single but it would appear not to work where the grantees are married to other people and have children of their own.

In your case your siblings have their own families and family homes, are you proposing that they and their families should move into the house as they have the right of residence.

At a practical level how would this work, I'd imagine that this would not work at all so it's unfair to say that it's his choice not to live there.

He has/is presumably paid/paying for his own family home, you are proposing to move into the willed property so clearly you are benefiting more than him.  

As pointed out by Jim a sale subject to a right of residence is not going to realise the same value as the sale of a freehold so perhaps there is room for an agreement where you would buy out their rights for an agreed amount so that you can enjoy sole use of the property.

The alternative would be that you all move into the house and see how long that lasts.


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## Cervelo (26 Jan 2017)

Gotta agree with Joe_90 here, I can see nothing but trouble for all of you in the future.
That been said, how big is the property are we talking the Lyons estate or a 3 bed semi d or could it be a holiday home ??


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## Bronte (26 Jan 2017)

Jellybaby why did your father leave the house with a right of residence?

Would it be fair to say you work in Dublin and the family home is elsewhere and that you intend to return to the home when you are retired?  How many years from now is that?

Also you say your father stipulated that insurance was to be paid on it, what else was in the will about the house?

Could you please type out the actual wording in the will.


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## Mrs Vimes (26 Jan 2017)

jellybaby10 said:


> its stated in the will that after all his children are passed then it is left to the grandchildren.



This reads like the house was left to the grandchildren with a right of residence to you and your siblings.

If this is the case then the house is not yours (or your siblings') to sell.


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## jellybaby10 (26 Jan 2017)

My sister is unmarried and has no children and lives in one ot the corporation flats in the inner city so her rent there is minimal as she is getting the old age pension.
My brother has been divorced for many years, his two children are married and in their mid 30s and have their own houses , He  lives alone in an inner city corporation flat and pays minimal rent also based on his pension I think .

I dont really want to print the full will on here (it dosent mention selling or renting out the house anywhere in the will) at this stage as I am only making enquiries and no lègal documents have passed between us just words.
I will add that I alone  have been paying the insurance on the house since my father passed 6 years ago and any bills for maintènance that have arisen. 
Also within a couple of months of my father passing my brother and sister handed me their keys to the house , they never took up residency.
No legal documents were exchanged regarding that so I would assume they still have a right of residency even though they handed me their keys and did not pay any costs re insurance , everyday bills etc.
I really just want to know if he can force a sale of the house and if so can I still stay there because of the right of resinency I have.
I still dont see how he is being treated less favourable then me or my sister .
I am not in a position to "buy them out" and I dont see it that they actually have anything to sell just as I dont see that I have a right to sell as all we have is residency. In any case I want to reside in the house not sell it .
I do want to keep the residency that was left to me in the will and  intend living in the house permanently in the future.
I misread the will and thought it ment that the house was to be left to the grandchildren after his sons and daughter passed on but that is not the case after futher examining the will.It says that if my fathers  sons or daughter died before him then the son or daughters children would get their father or mothre's share of any estate other then the house and its contents. As we 3 are all still alive this is immaterial. 
My father wrote the will this way  so as his two sons and daughter would  always have a roof over their heads no matter how lifes events might swing for each of us.
It would be comforting to know for me personally that I will always have a place to stay.
I forgot to state that I am unmarried and have no children.

Once again a big thank you Bronte and all who replied with their views on this , I am much obliged.
The way I see it is that the ball is in my brothers court and I suppose the next thing would be legal papers heading my way to appear in court if he goes ahead with what he keeps saying about selling the house.


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## Bronte (26 Jan 2017)

No need to print the will, just type word for word the bit about residence, and leave out names or write Tom Dick and Sally.

Where do you live now.

Was probate taken out, who is the executor?


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## jellybaby10 (26 Jan 2017)

Its a small two bedroomed inner city terraced house.
Im of the opnion now 6 years after our fathers death that he realises that as I am the youngest of the 3 of us by 20 odd years the oods are that I will outlive my sister and brother but I dont think that way nobody knows whats around the corner so to speak.
To me we were treated equally in the will and he is just trying to cash in for whatever reason .

I think I have a pretty good argument in that I was left right of residency in the will just as they were , they have their own places to live and I dont own any residence or live in a corporation flat like they do paying minimal rent . I also have no issue with either or both of them taking up residency as it is  their right. WHo knows how that would work out .But I assume that after they handed me back their keys to the house 6 years ago they are not interested in taking up residency.


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## jellybaby10 (26 Jan 2017)

What does "was probate taking out"?

I live in a one bedroom rented apartment in a different city and want to stay there for the time being.But I do eventually want to move in permanently into the house in question. I have stayed at the house on several occasions for various amounts of time  ie days,weeks and months over the past 6 years.

Heres the part of the will you asked be printed.

I confir general right of residence at said address plus the contents thereof to my tree children Tim , Tom & Mary . Those taking up the right to residense 
should be responsible for insuring and the resonable maintenance of the house for as such a time as they exercise their right of residense. 

I alone have paid the insurance on the house every since my fathers death 6 years ago plus any maintenence bills on it  to this day.
My sister and brother handed me their keys to the house within a couple of months of my fathers death. I did not ask them to do this they just gave me the keys and said they were going to stay living in the current abode's.
There is nothing else in the will regarding the house.
I have no issue with them if they now want to move into  the house but they have stated that they do not.
My brother just wants the house sold and the proceeds divided 3 ways equally.
My sister has stated she dose not want the house sold .
I certainly dont want the house sold.


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## jellybaby10 (26 Jan 2017)

I dont know what "was probate taken out " means.
My fathers brother was the executor , he is still alive.

I will be retired in 5 years from now in 2022.


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## cremeegg (27 Jan 2017)

Probate means proving the will, or more generally transferring the legal ownership of the property, here the house, from the dead person to the heir(s).

It is not clear from your posts who actually owns the house now. Is it still your father, or the 3 of you equally, or some other owner.

In any case you have a right of residence in the house and your brother cannot force a sale.

Your brother could go to court and try to force a sale, but from the information you have given it seems very unlikely that he would succeed.


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## jellybaby10 (27 Jan 2017)

The three of us equally own the house. The deeds to the house are in a locked drawer at the house.

 That's comforting to know that in the event he does go to the courts with this he would be unlikely to succeed despite what he says a solicitor told him.

Thank you.


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## Joe_90 (27 Jan 2017)

> My deceased father confired "a general right of residence" in the family home to two of his sons and his daughter in his last will





jellybaby10 said:


> The three of us equally own the house. The deeds to the house are in a locked drawer at the house.
> .



So the three of you own it with a right of residence in favour of the other two.


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## jellybaby10 (27 Jan 2017)

Yes,  none  of us has an advantage over the other .Thats the way I see it.
My father put it this way so that no single one out of the 3 of us can insist on selling it if either of the other two objects.
He was in his early 90s when he died and and wanted to make sure none of the three of us could become homeless,that we would always have a place to stay.
It was his choice to do that and he did it in the fairest  way as I can see. So Im assuming my brother has no right to force a sale of the house as I do not want it sold.


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## putsch (27 Jan 2017)

In my opinion the fair thing here would be for all siblings to agree to sell and divide the proceeds equally. It sounds to me as if your father was badly advised in drawing up the will. Rights of residence are very seldom used nowadays as they create all kinds of ridiculous situations and do not promote a well maintained property stock. There is a lot more to maintaining property than paying insurance. Also remember that being younger in age is no guarantee that you will live longer!


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## jellybaby10 (27 Jan 2017)

Thanks  putsch for your input.

The house is in very good condition and any maintenance that occured in the past I took care of it and will in the future as that is a request of my father in the will along with it being insured by whoever takes out the right of residence.
I have lived at  the house for the vast majority of my life and I have only rented at another location for the past few years due to work.

Im do not know who advised my father but it is what it is and I am only taking up what was left me in the will.
If my father had stated in the will that the house be sold unpond his death and the proceeds divided equally between the three of us then that is what would  have happened and I woukd have had no problem with that.   Everything else in the will left to us  (ie his finances) was devided equally between the three of us and in the case of the right of residence that to me has been  left to us equally .  All I am asking is that I keep what he left me in the will no more no lless . I  do have  some sentimentality in me regarding the house because of the ammount of time I lived there . My brother lives alone all his family are raised and are doing well if he wanted to he could give up his flat and move into the house as the will states. I think he is the one that is being unfair insisting of selling the house. 
Yes your spot on nobody knows how long they are going to live . Whatever days I have left I would like to live in that house.

Once again thanks for you views on this.


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## PaddyBloggit (27 Jan 2017)

My two cents - It looks as if the law is on your side and the house can't be sold when you want to exercise your right of residency.

I can see it from your brother's point of view too. He'll probably never exercise his right of residency so he wants to get his third from the property. He probably sees it that his share is of no use to him, while you'll get the benefit of the house if you take up residency.



jellybaby10 said:


> if he wanted to he could give up his flat and move into the house as the will states



how probable is this? Not likely to happen. Who's going to give up independent living to move into a shared residency situation? Who'd make decisions re. upkeep, splitting bills etc.?


jellybaby10 said:


> I am adamant the house will not be sold .



It looks like bad feeling is going to come out of this whole scenario.



jellybaby10 said:


> I have no issue with them if they now want to move into the house but they have stated that they do not.



It looks like you're the only one who is going to benefit from the house.

You don't want the house sold. You'll be the only one exercising the right of residency so you should negotiate buying out your siblings or at least negotiate some kind of a financial deal with them.

Your sister is happy not to sell but look at it from your brother's point of view.


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## jellybaby10 (27 Jan 2017)

*I think the persons  wishes who wrote the will should be adheared too  otherwise what the point of making a will.
*
The three of us have found ourselves in a right of residency since the will was enacted after my father died 6 years ago.
Back then my two other siblings handed me the keys to the house thus not taking up residency.
There was no talk of selling the house then or in the following six years until a few weeks ago when solicitiors and courts were mentioned out of the blue by my brother.

Now 6 years later on one person wants to change the dynamics drastically as far as Im concerned.

Maybe if he had requested selling the house 6 years ago things would have turned out differently. 

Im only going by whats in the will however heartless that may appear to some . though I dont see that. Its not being heartless on my part , if I felt my brother 
was in dire financial straights I could  see his argument but that is not the case.

He is the one who has not considered my viewpoint and sees fit to attack the wishes of our father re. the will, by threatening court action .

Surely it is up to the person who leaves a will that whatever her /she puts in their will remain unchallenged after all it is their will and for them only to see fit how they leave it.


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## PaddyBloggit (27 Jan 2017)

jellybaby10 said:


> Surely it is up to the person who leaves a will that whatever her /she puts in their will remain unchallenged after all it is their will and for them only to see fit how they leave it.



Yes ... but ... at the end of the day the living have to deal with the consequences of that bequest.

I didn't realise that this has been in operation for the last 6 years.

Look at the last 6 years. Who has/have used it over that time?



jellybaby10 said:


> Maybe if he had requested selling the house 6 years ago things would have turned out differently.



Hardly ... because the terms of the will were the same then.

'Tis a hard one. Why after 6 years is he now unhappy with the situation? Did you ask him?


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## putsch (27 Jan 2017)

If I was your brother I would move in to exercise my right of residence & using your own logic I would justify it as being just to reflect your father's wishes. I think that would demonstrate how unrealistic & unfair your father's will was and might encourage an agreed solution. There is more than one way to skin a cat.


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## jellybaby10 (27 Jan 2017)

I took up residency after my father died for 3 years or so,then because of a change in work I had to move to another city. But I would come up on weekends and stay at the house and on other occasions also.My brother and sister never stayed at the house after my fathers death..There was never any talk  of selling the house in the last  6 years .A few weeks ago my brother asked me what would be my thoughts on selling the house and deviding up the proceeds 3 ways. I was a bit taken aback but considered it and told him I did not want to sell the house .Then in another conversation after that he started mentioning solicitors and court. That is why I fount this fourm and asked for advice. He just feels he is entitled to the money from a sale and Im thinking because he has adult daughters its to boost his finances so they can avail of that when he dies. Im just assuming that because we barely speak now and that is his business  so Im not interested in his reasons to be honest.
The will may be unrealistic is some peopls eyes but its his will and I know his intentions were that none of us would  end up homeless and thats the way he choose to set out his will. It is what it is .

He is welcome to move into the house, I have no issue with that even though now we dont speak that often as we used to. We are not estranged we just dont contact each other as we used to.  I feel if he wants to go to court over this then thats for him . I dont hold and ill feeling towards him , you do what ya gotta do.
I'm pretty easy going , its as much his right as it is my sister and mine to live there .
Im pretty confident now after hearing peoples views on this in the forum that I can stay in the house and thats all I want , if my brother and or sister want to do the same thats up to them .I have no animosity towards either of them .


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## Sophrosyne (27 Jan 2017)

Jellybaby,

Can I ask why you are so determined to live in your father's house?


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## vandriver (27 Jan 2017)

Of course he didn't want to sell 6 years ago.We were in the middle of the worst recession in living memory.Now, however.....


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## PaddyBloggit (27 Jan 2017)

jellybaby10 said:


> ..... he is welcome to move into the house



In all seriousness are you really that naive?

You know in your head/heart/soul that he's not going to move back into the house so you are safe in the knowledge that offering this by way of compromise will never be taken up.

The man just wants his third of what's left to him. Three people living in harmony was never going to happen. You got the best end of the deal for the last 6 years. Your sister doesn't care one way or the other. Your brother has his own reasons for selling. What's wrong with him wanting the cash to pass on to his children (if that's what he wants)?

At this stage I think you see the house as yours as you've had exclusive use of it for so long.

Right or wrong ... you are depriving your brother of his share (and your sister also ... her third share might be a welcome boost to what she's getting in the old age pension).

The fairest thing would be to sell the house for the best price possible and for you all to have a nest egg to fall back on if ever it's needed.


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## jellybaby10 (27 Jan 2017)

I like the house and it's location and I've also lived there most of my life. My friends live nearby and the neighbours are nice .Its within a 15 minute walk of Dublin city center ,I like city living as opposed to where I'm renting now in a suburb in another city for work purposes .


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## PaddyBloggit (28 Jan 2017)

You have two choices - offer to buy your siblings out and make the house your own or ignore what your brother is saying and continue as you are.

The bottom line is that you are entitled to live there and he isn't entitled to sell it without your consent.

And of course, majority rules ... your sister doesn't want it sold either.

You'll just have to make your position clear, move on and whatever your brother decides to do deal with it then.


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## jellybaby10 (28 Jan 2017)

Thanks PaddyBloggit 

I iagree with your view ,I have two choices and I'm going to do one of the actions you have put forward. I will make my position clear to him ,move on and whatever he decides to do after that I will deal with it.

A big thank you to all who replied with their views about this.


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## twofor1 (28 Jan 2017)

My two cent’s,

The best solution as already stated would be to buy the other two out.

You have already said that you are not able to do this, as long as this remains the case I see absolutely nothing wrong with you taking up your right of residence as per your Dad’s wishes.


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## Monbretia (28 Jan 2017)

I'm not going to read back through the lot but have been reading it periodically so may not be remembering correctly but if I remember correctly neither the OP nor his sister have children but the brother who wants it sold has children.   At the end of the day so they will be the ones to actually benefit as when all three rights of residence no longer apply then it goes to the grandchildren so really his family have the most to gain in the end.


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## cremeegg (28 Jan 2017)

PaddyBloggit said:


> And of course, majority rules ... your sister doesn't want it sold either.



I dont believe that the majority does rule here. The op has a right of residence in the house. This is true no matter what his brother or sister want.




putsch said:


> In my opinion the fair thing here would be for all siblings to agree to sell and divide the proceeds equally. It sounds to me as if your father was badly advised in drawing up the will. Rights of residence are very seldom used nowadays as they create all kinds of ridiculous situations.



That may be how you think about things, and you can do that with your property, but the OPs father felt differently. He gave a right of residence to each of his 3 children, why on earth should anyone question the wisdom of that.

The father was well advised. He wanted his children to have a place to live and they do. No matter what hardship the children may encounter they will always have a place to live. It may not be the most ambitious use of the fathers property, but that was his choice, why should anyone question that.


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## PaddyBloggit (28 Jan 2017)

cremeegg said:


> I dont believe that the majority does rule here. The op has a right of residence in the house. This is true no matter what his brother or sister want.



All I was saying was that outside of residency issues, two opposed three regarding selling the house so selling the house was going to be a non-runner anyway.

As all three are adults the house could be sold if they all agreed regardless of residency stipulations in the father's will as the house is now jointly theirs.

The bottom line is that the brother who wants to sell cannot as the others do not agree and one of them wants to exercise his right to live there.



cremeegg said:


> No matter what hardship the children may encounter they will always have a place to live.



Looking at it his way, the father made a wise decision ... his children always had a place to live ... no matter what.

Of course he could always have insisted it be sold, proceeds divided up and they sink or swim on their own terms after that.



Monbretia said:


> the grandchildren so really his family have the most to gain in the end.



This should be put to the brother ... his family will ultimately benefit in the end.

Another issue that hasn't raised its head yet is the one regarding paying for the house's upkeep .. the OP is paying all that, with no mention of the other siblings contributing. It could also be argued that both siblings had no interest in the property when they took no active part in the upkeep etc.

'Twud have been far simpler to have had the house sold and proceeds divided had the father gone that way.

But it is what it is.


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## Vanessa (28 Jan 2017)

I have some experience of this type situation and disagree with some of the posters.

It is my opinion that if the situation is that the house was left to the three of ye then the brother is perfectly within his rights to cash in his share. If the other two object he will need to get a court order directing that the property be sold. After all legally he is a one third owner and the Courts will uphold his property rights.
The Court will order that it be sold unless ye come up with a solution.
But it is one thing gaining an order to sell it is a more difficult thing to get a buyer. Unless the other two sign away the right of residence  no one except them  would be interested in buying it. If the house is not sold he will remain a one third owner and will be entitled to leave his share to whoever he wishes.
This will stir up further trouble down the line for you as then someone,maybe not even a relative, will become involved 
Your father was badly advised to insert the right of residency in the will and then leave it to the three of you. He has not done any favours. This will is typical of many bad wills made in this country and the only people to gain will be the legal profession.


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## cremeegg (28 Jan 2017)

Vanessa said:


> I have some experience of this type situation and disagree with some of the posters.
> 
> It is my opinion that if the situation is that the house was left to the three of ye then the brother is perfectly within his rights to cash in his share.



All he was left was a right of residency. That cannot realistically be sold.




Vanessa said:


> If the other two object he will need to get a court order directing that the property be sold.
> After all legally he is a one third owner and the Courts will uphold his property rights.
> The Court will order that it be sold unless ye come up with a solution.



He cannot sell what he does not own. He does not own a free title to the house, not even one third of a free title to the house.  I cannot see why the courts would even consider ordering a sale.





Vanessa said:


> Your father was badly advised to insert the right of residency in the will and then leave it to the three of you. He has not done any favours. This will is typical of many bad wills made in this country and the only people to gain will be the legal profession.



Why, the father has ensured that his children have a place to live. If they got the cash, maybe the money would end up with the bookies or the publican, or invested in some dodgy investment. We have no idea why the father wished to use his property to ensure his children had someplace to live, but he did and why are people trying to second guess that.


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## jjm (28 Jan 2017)

Vanessa advice need to be taken into account.Where its get messy is when the next generation gets involved.Who will your sister leave her share to.Your brother may be doing ye all a big favor in sorting it out now .If this goes to court I suspect I know where the costs are going to come out of.This is the  question you need to be asking  jellybaby10 .Best of luck in sorting it out your brother may let it go for now The next generation may not .Unless there is a clause stating last surviving sibling becomes full owner .if he wants to sell and his sister agrees you will end up as the only person in a position to buy them out .They will have to take whatever you offer.There father done his best if they feel they already have some place secure to live for the rest of there lives they may no longer need there fathers wishes.If ye all can come to a settlement and have a secure place to live for the rest of your lives .your father will have had his wish.


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## Vanessa (28 Jan 2017)

To a great extent we are grasping in the dark here as we are being fed bits and pieces of the will.
I do know from experience that if the property has been left to three parties then the property will be registered as such and an individual party can go to the courts to compel a sale. The courts will guard his property rights as they have no legal ground not to. However the courts cannot supply a purchaser. No financial institution will provide a mortgage to purchase except to either of the other two. The property will never achieve its true value unless all three give up their right of residence (or they agree to sell to one of them)

The poster has taken on the responsibility of maintaining the house, insuring it etc. He should keep an account of all this expenditure. However he will have to accept that the brother owns one third, has a right of residence, could sell his share if he found a buyer willing to buy and can bequeath his share to whoever he wants. The right of residence dies with him.


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## PaddyBloggit (28 Jan 2017)

jjm2016 said:


> Unless there is a clause stating last surviving sibling becomes full owner .



Now that would have been a sensible addendum to the will.


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## Bronte (29 Jan 2017)

jellybaby10 said:


> Thanks PaddyBloggit
> 
> I iagree with your view ,I have two choices and I'm going to do one of the actions you have put forward. I will make my position clear to him ,move on and whatever he decides to do after that I will deal with it.
> 
> A big thank you to all who replied with their views about this.


Based on what you have posted I'm in total agreement with you. It was your father's foresight that means the one child of his who doesn't have a home will have one. It's as plain and simple as that. As a parent myself, I can reliably say that is what I would wish for my own children. The fact your two siblings have their own home, and handed you the keys speak volumes. You can't buy them out, which I might have suggested, so you take up the residence as per the will and don't give it a second thought. But do try and keep the lines of communication open with your brother.

Your age was a big factor in my opinion.


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