# Brother refusing to leave house left to us jointly by our uncle



## On a Plain (10 Feb 2020)

Myself and my brother inherited a house equally from an uncle 3 years ago. I was away at the time working in Australia and my brother moved into the house with his family. However , title was never transfered or any tax paid. All I know is that probate was taken out by the executor (another uncle who is now also dead). So, I just returned home to Ireland recently. I want to sell the house and pay the tax owed, even interest and penalties if necessary and get on with things.  My brother is refusing to leave the house and pays nothing. He says its a family home now and he cant be made to leave. Any thoughts ?


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## MOB (10 Feb 2020)

Your issue is too complex for any useful advice other than this:
1.  Find a solicitor with expertise in probate and litigation.   Act on their advice.
2.  Budget on putting anything up to €15k into the tank by way of fee retainer(s).
3. Expect the final  cost to be a multiple of this.
4.  Plan on a mimum of 18 months, and possibly double or triple that to achieve final resolution.
5.  If your share is worth less than €40k, probably uneconomic to litigate.   If your share is worth less than € 80k, be aware that it may still be uneconomic.


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## Deiseblue (10 Feb 2020)

Apply to the District Registry Office that issued the Grant of Probate and request a copy. 
Correspond with your brother enclosing a copy of the Grant highlighting the clause leaving the house to both of you in equal shares.
Advise him that unless he rectifies the situation  to your satisfaction you are going to ask a solicitor to take the appropriate action to protect your rights and furthermore you will be seeking costs.
Hopefully that will provoke a response.


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## Twoflutes (10 Feb 2020)

Even if your brother is not cooperative you are entitled to your share of the property to be transfered into your name. You could then ask your brother to buy out your share. If he is not willing to engage you are entitled to seek a court order for the sale of the property and the proceeds divided equally. Taxation will be an issue that will have to be dealt with once the inheritance takes place. I do not believe your brother would have much of a case arguing its his family home if he is not the full owner of the property. Again, talk to a solictor


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## On a Plain (11 Feb 2020)

MOB said:


> Your issue is too complex for any useful advice other than this:
> 1.  Find a solicitor with expertise in probate and litigation.   Act on their advice.



What is the best way to find a solicitor with expertise in this area  ?


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## mf1 (11 Feb 2020)

On a Plain said:


> What is the best way to find a solicitor with expertise in this area  ?



Google is your friend.

Google then pick one and make an appointment.

mf


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## samfarrell (11 Feb 2020)

It can be a tricky situation/costly situation but ultimately you are entitled to half the property as set out by your uncles will. If the will is worded to that effect that both you and your brother benefit equally and no one was granted a life interest for example. If your brother solely benefits from the property then clearly the intention of the will has not been followed. It sounds to me that your brother just needs to be reminded of that fact and a court will probably find the same.


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## Seagull (11 Feb 2020)

You should also think about starting to charge him rent.


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## Setanta12 (11 Feb 2020)

samfarrell said:


> ... then clearly the intention of the will has not been followed. It sounds to me that your brother just needs to be reminded of that fact and a court will probably find the same.



Sounds to me like your brother is assuming you will let things lie, thats its not worth the hassle of fighting.  

Fight but do it through solicitor only, everything - all communications - through the solicitor.  Your brother is probably counting on you backing down.


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## Twoflutes (11 Feb 2020)

In cases like this would the successful side get awarded costs usually if it went to court ?


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## noproblem (11 Feb 2020)

Plan A and Plan B.
 A very serious sit down/chat with your brother and his family with regard to this is a matter of urgency.  The consequences of him not doing anything to right the situation on your inheritance, will mean a huge inheritance tax bill from revenue, that's already totting up, the legal bills he'll face contesting this if he doesn't see sense and the guaranteed handing over to you the 50% value of what has been left to you. If all this is explained to them in a very clear way and the fact you'll go through with it might get some movement. If not the legal route is plan B


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## MOB (11 Feb 2020)

No disrespect intended to the posters who are advocating an initial  "DIY" approach - but all this will achieve is to allow further time to pass.  

There is no chance of a solution that does not involve OP retaining a solicitor.   Might as well accept this reality and get on with it.


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## On a Plain (11 Feb 2020)

Meeting arranged with solictor for this Thursday
Thanks for all the input


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## DeeKie (12 Feb 2020)

Hopefully a good sharp solicitors letter will do the trick. Let us know what happens. Get the rent for similar properties before you meet the solicitor


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## Jim Stafford (12 Feb 2020)

I would suggest that the obvious solution here is for your brother to buy you out by him raising the necessary mortgage. By definition, the loan to value should not be an issue. If your assessment of his income  is that it would be insufficient to raise the necessary mortgage, then the house will have to be sold.

Whilst legal costs can be expensive, if your brother is unreasonable then you should be successful in recovering your costs from him.

Jim Stafford


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## Deiseblue (12 Feb 2020)

MOB said:


> No disrespect intended to the posters who are advocating an initial  "DIY" approach - but all this will achieve is to allow further time to pass.
> 
> There is no chance of a solution that does not involve OP retaining a solicitor.   Might as well accept this reality and get on with it.


With all due respect to you I’ve seen the threat of legal action work on many occasions.


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## Setanta12 (12 Feb 2020)

Route everything through the solicitor. Your brother may try to communicate with you directly or offer you assurances.  Tell him everything (offers for mediation, offers to settle, questions and queries i.e. absolutely everything) is to go through the solicitor.  Don't agree to pass letters on or forward emails ... everything in the first instance is directly to the solicitor.

(That way you can blame the solicitor when the Dust has settled i.e. 'oh me, oh my, my solicitor said what!? The cheek of him' ... any anger or bitterness will hopefully find their way in his direction.  Solicitor won't care, he gets paid)


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## samfarrell (12 Feb 2020)

It could also possibly be argued that by refusing to engage your brother is avoiding his tax liabilities which would not be looked on in favour by the revenue. As the time ticks by its also costing you


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## MOB (12 Feb 2020)

Deiseblue said:


> With all due respect to you I’ve seen the threat of legal action work on many occasions.


  Perhaps.  But, based on the facts of this situation, as outlined by OP, there is no possible outcome (other than walking away) which can be achieved by the OP without legal representation.


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## Deiseblue (12 Feb 2020)

I have to disagree , the brother in question should be confronted with confirmation that unless he complies with the contents of the will legal action will be taken with commensurate costs for both parties.
Unless the brother is a complete idiot he must know that if this ever comes to court he will lose and in all probability have costs awarded against him.
It is to his advantage to agree a mutually agreeable solution.


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## MOB (12 Feb 2020)

Certainly it is to both sides advantage to agree a solution.   But, on the disclosed facts, there is no solution (whether agreed or court-imposed) that will not require OP to have legal representation.  There is no sensible  self-represented or unrepresented outcome available to OP in this case.


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## Leo (13 Feb 2020)

Families arguing over wills is nothing new I'm afraid. Even when the solicitors are involved it's not uncommon for some to continue digging their heels in to the point where legal fees consume most of the estate. Some would rather lose all the money rather than be seen losing the argument.


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## Twoflutes (14 Feb 2020)

Leo said:


> Families arguing over wills is nothing new I'm afraid. Even when the solicitors are involved it's not uncommon for some to continue digging their heels in to the point where legal fees consume most of the estate. Some would rather lose all the money rather than be seen losing the argument.


There has to be some regard for right and wrong. Its a messed up system if the OP had to walk away from his entitled inheritance because of potential legal costs


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## noproblem (14 Feb 2020)

The OP has started proceedings so instead of repeating what has already been said, many times, let's wait and see what happens.


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## Leo (14 Feb 2020)

Twoflutes said:


> There has to be some regard for right and wrong. Its a messed up system...



The problem with right and wrong is that two people can often have very different understanding of what is right in any situation.


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## On a Plain (16 Feb 2020)

By way of an update I have engaged the services of a solicitor regarding this matter. As I have had little success in moving matters any furthur dealing directly with my brother, we agreed that the first step was to send my brother a solicitors letter laying out the current facts as I see them, and, if my brother doesnt make efforts to rectify the situation, what I intend to do about it, including taking the matter to court. It also states that all furthur communication be routed through my solictior until the matter is brought to a conclusion. 
My assumption so far has been that my brother simply doesnt believe I will go to these lengths to get my share, hopefully this letter will make his rethink that.


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## Vanessa (16 Feb 2020)

On a Plain said:


> By way of an update I have engaged the services of a solicitor regarding this matter. As I have had little success in moving matters any furthur dealing directly with my brother, we agreed that the first step was to send my brother a solicitors letter laying out the current facts as I see them, and, if my brother doesnt make efforts to rectify the situation, what I intend to do about it, including taking the matter to court. It also states that all furthur communication be routed through my solictior until the matter is brought to a conclusion.
> My assumption so far has been that my brother simply doesnt believe I will go to these lengths to get my share, hopefully this letter will make his rethink that.


We had the same situation. In reality wht is happening is that your brother is trying to take advantage of you and ignoring the wishes of your uncle as legally expressed in the will.
The law is on your side and any solicitor who advises your brother differently is wrong. You now have the right approach. I would suggest also that you draw up a rent demand based on the average rent for similar properties. Include that you will cover 50% of receipted costs for payment of property tax, insurance, necessary maintenance. The time has come for a resolution of this matter.
Some will say that to do so will mean a falling out with your brother but he is not much of a brother that would take advantage of you


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## eirman (24 Oct 2020)

_*"my brother moved into the house with his family"*_

I don't think there any legal reason why you cannot move into your property as well?
The fact that he moved in first, does not diminish your rights.
Is he is claiming squatters rights over your 50% ?

Call out a locksmith and the Gardai to gain entry to your property.
Pick a bedroom and move in some stuff! Try and get some utilities in your name.
Be persistent - It's your house too - create some family acrimony.
Pressure of this type may be all that works with this unprincipled individual.


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## PMU (24 Oct 2020)

You really need to obtain a copy of the will and see exactly what it states.  Where there are two or more owners  property can be held either as 'joint tenancies' or 'tenancies-in-common'.  Each gives different rights to the property co-owners, so it would be prudent for you to establish if the will states the type of tenancy under which the property is to be inherited, as this will impact on what you can do with your share.


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## DeeKie (25 Oct 2020)

Any update OP?


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## Gordon Gekko (25 Oct 2020)

DeeKie said:


> Any update OP?



An interesting case. From a tax perspective, the OP should look at making a Qualifying Disclosure to Revenue in order to get mitigation of penalties. The flipside of that is it lands his brother in hot water with Revenue, for which the world’s smallest violin will play.


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