# Inheritance property dispute - unclear will



## Sean O

My late aunt bequeathed her residence (a house) in her will as follows:
“The property I give and bequeath to [sister’s name] to hold and maintain as a family home with free access for holidays or longer stays for my nephew [my name] if he wishes to stay here, and for his family.”
My sister intends to sell the property and keep the proceeds and I would be deprived of my right to make use of the property. Can I prevent the property from being sold and if it went to court what would the likely ruling be? I'm unclear what legal rights I have. I would interpret the will as allowing me the right to use the property indefinitely for family visits such as holidays or longer stays.
If the property is sold, would I be unreasonable in expecting at least a small % share of the proceeds?


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## Ravima

It is not at all clear.  

House given to niece, with a very unclear right attaching. Whatever about nephew using for holidays, how is his family defined, does it include his children too? 

Did a solicitor draw up the Will?

Certainly, both parties will have to take legal advice and the final decision will lie with Courts. This has all the hallmarks of great expense, unless both of you sit down and try to come up with some financial package to satisfy you both.


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## Sean O

Thanks for your response. It was a self-made will, without advice from a solicitor.

At the time that the will was drawn up, I was single, though I am now married.

My sister is unwilling to consider sharing any of the proceeds of the property sale with me, and is intent on selling the house.


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## Gordon Gekko

Sean O said:


> It was a self-made will, without advice from a solicitor



A salutary lesson unfortunately.


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## Brendan Burgess

Hi Seán

What does your solicitor say?

I am not a lawyer, but I assume that your sister can sell the house but that does not change your right to stay in it. So the purchaser would have to accommodate you.  In other words, they would not buy it.

Brendan


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## Thirsty

Who is the executor? Has probate been granted?


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## Sean O

Brendan Burgess said:


> What does your solicitor say?


I haven't yet taken legal advice. I'm hoping to avoid a lot of legal expenses and resolve matters out of court. My uncle's solicitor, who is acting on behalf of my sister, is alleging that I don't have any rights in relation to the property.


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## DeeKie

Her solicitor is not neutral. You should consider registering your interest on the property register.


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## Sean O

Thirsty said:


> Who is the executor? Has probate been granted?


The executors are friends of my late aunt. They've taken a very hands-off approach. My aunt died 9 years ago, and probate was granted within a year of her death.


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## Pmc365

Perhaps you should register a lis pendens with the property registration authority if you sue. The author of the will ( testatrix) intended to create a right of residence. Perhaps you should enter a Caveat in the Probate Office ( costing about €50) to stop the personal representative taking  out probate as a first step. Then seek out the advice of a good solicitor and if in doubt   obtain an opinion  of a good Barrister's specialising in wills on the validity of this clause. It seems to me this is a right of residence and if valid your sister will have to financially compensate you for its loss before she could sell the property. The right of residence should be registered as a burden on the title deed / land certificate.


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## Sean O

Pmc365 said:


> Perhaps you should register a lis pendens with the property registration authority if you sue. The author of the will ( testatrix) intended to create a right of residence. Perhaps you should enter a Caveat in the Probate Office ( costing about €50) to stop the personal representative taking  out probate as a first step. Then seek out the advice of a good solicitor and if in doubt   obtain an opinion  of a good Barrister's specialising in wills on the validity of this clause. It seems to me this is a right of residence and if valid your sister will have to financially compensate you for its loss before she could sell the property. The right of residence should be registered as a burden on the title deed / land certificate.


This strikes me as very helpful advice, thank you!


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## Brendan Burgess

Sean O said:


> My aunt died 9 years ago, and probate was granted within a year of her death.



Let's be practical about this rather than legal.

Your aunt died 9 years ago and your sister moved into the house and has lived there for 9 years?

You have a right to visit. Have you availed of that right?   Are you likely to avail of that right?

It's really stupid of your aunt to put such a right in a will as it only leads to conflict and legal problems.

If your right has no value to you, then you should waive the right and allow your sister to sell it.

If you have stayed in the house on many occasions since your aunt's death, then you are losing a valuable right and should be compensated.

I presume it was not your aunt's intention that you and your sister should fall out over her will?  So by giving up a right you don't use, you would be pleasing your aunt.

If you are going to waive your right, Christmas is a good time to do it.

Brendan


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## Sean O

Brendan Burgess said:


> Your aunt died 9 years ago and your sister moved into the house and has lived there for 9 years?


In actual fact my sister lives in a different city and uses the house not more than a couple of days a month.
I need to point out that I posted in the 'ask about law' forum since I am interested in advice on my legal rights. If we want to discuss the morality of it, I'm not sure how morally defensible it is for my sibling to profit to the tune of €600,000, when it was my late aunt's wish that the property never be sold and that it be maintained as a family home.


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## Cervelo

Not sure if this is of any help or indeed any legal standing but Mrs Cervelo owned a property which her mother had a legal right to residency 
When she passed away the house was sold and a value of 10% of the sale price was given to the legal right 
And the added to her estate for the propose of calculating inheritance tax


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## Brendan Burgess

Sean O said:


> In actual fact my sister lives in a different city and uses the house not more than a couple of days a month.



That was my key point.

If this is a property that you use, then of course you should retain that right or be compensated for giving it up.



Brendan


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## Vanessa

This is the result of stupidity by the aunt in the naive belief she was saving money by doing her own will. In any case you should ensure that the terms of the will are recorded.  First step. Check out the Property registration and you may find that the terms were included. You can do this yourself for minimal cost once you have the Land Folio number. If it is then any solicitor worth their salt would not recommend buying the property without you signing away your right. ( Who would buy a property that gives a stranger right of residence?) Under the terms of the will you have a right of use and it should be registered. If not correspond with the Probate Office. Your sister may not like this but there is a commercial value to the right. For her to sell the property the right must be cancelled. I advise briefing a solicitor, establish if the right is registered and if so have your solicitor correspond with your sister. I would assess how much cancelling the right might be worth financially. For example what value would free holiday accommodation for life be worth? Realistically though you would be better quoting how much you want to give up your claim and let negotiations begin!
From a litigation base I would say that you are in a strong position as long as your right is registered. However there will be legal costs if you end up in the Circuit Court. And certainly if the right is not registered you will need to get the Probate Office to explain and get the property registration updated promptly.

p.s. I find the Probate Office one of the more efficient sections of the civil/public services. I would be confident that any burdens on a property would be noted and accounted for in dealings between them and the Land Registry


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## Sean O

Vanessa said:


> From a litigation base I would say that you are in a strong position as long as your right is registered. However there will be legal costs if you end up in the Circuit Court. And certainly if the right is not registered you will need to get the Probate Office to explain and get the property registration updated promptly.
> 
> p.s. I find the Probate Office one of the more efficient sections of the civil/public services. I would be confident that any burdens on a property would be noted and accounted for in dealings between them and the Land Registry


Some very helpful points made, thank you!


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## Sean O

Vanessa said:


> if the right is not registered you will need to get the Probate Office to explain and get the property registration updated promptly.


Indeed I have just checked the Register of Land Ownership online and found that the right of access has not been registered. I'll get in touch with the Probate Office to see what steps I need to take to have the right registered.


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## Clamball

When we purchased our house it was from a group of three siblings I believe and someone (maybe another sibling) had a right to live in the house for his lifetime.  Our solicitor would not proceed with the sale until this right was compensated by the siblings in monetary value.  They said no, and our solicitor got senior counsel opinion on it, much to the sellers annoyance.  He agreed and they had to give a certain amount of money to this person with a right to live in the house.  We were clueless but our solicitor did her due diligence and we just followed her advice.  Held up the house sale for 4 months.  Our solicitor said the right went with the house so that we would be responsible for it if we purchased the house without quenching the right, and that we would end up paying a value to this persons estate eventually.

So your right, and that of your family to stay in the house does have a monetary value and you and your family will have to be compensated to quench this right.  The value of this is probably open to negotiation between you, your family and your sister.  It sounds as if your sister is not willing to negotiate on this.

You have had great advice here from previous posters.  When you sister puts the house up for sale get your solicitor to write to the sellers solicitor stating your right.  I would try and enter mediation on the value to put on you and your families right.  First they probably need to define what is your family, spouse,children, grand children, in-laws?  Hopefully you can come to some agreement as to the value, but there must be some common ground.


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## Sean O

Clamball said:


> It sounds as if your sister is not willing to negotiate on this.


Unfortunately my sister is avoiding acknowledging that I have any rights in relation to the property, and is not open to mediation. 

Does anyone know what steps I need to take to register my right to access the property with the Probate Office? Or do I need to contact the Land Registry? 

I have checked the Land Registry Register of Ownership document, and it states that my sister is the full owner of the property.


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## Brendan Burgess

Sean

You really need a solicitor to do this for you.  

First of all, they will do it properly.

Secondly, your sister and her solicitor will take you more seriously.

Brendan


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## NoRegretsCoyote

Sean O said:


> Does anyone know what steps I need to take to register my right to access the property with the Probate Office?


I strongly recommend you spend a few thousand euros on a good solicitor to do this properly.

It will be well worth it if the house is worth €600k.


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## Brendan Burgess

Sean O said:


> Unfortunately my sister is avoiding acknowledging that I have any rights in relation to the property, and is not open to mediation.



Then just register the right and she will have to engage with you.

Brendan


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## Sean O

Brendan Burgess said:


> You really need a solicitor to do this for you.


Good advice, thanks. 

I'm assuming I'd need to find a specialist solicitors in probate law.


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## Brendan Burgess

No. This is not a specialist area at all.   Any competent general practice solicitor would be expert in both probate and conveyancing. 

Brendan


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## jim

On what basis is your sisten denying that you have a right to residence? Is it in your aunts Will or not?


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## Sean O

jim said:


> On what basis is your sisten denying that you have a right to residence? Is it in your aunts Will or not?


The relevant portion of the will I quoted verbatim in my initial post. My sister simply states that she owns the property outright, and that I have no claims on the property whatsoever. She maintains that the part of the will relating to me is immaterial. It's a case of 'might is right' in the sense that she may feel in a position of relative power, and she doesn't think I'm in a position to stake any claim on the property.


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## _OkGo_

Playing devil's advocate a little but I would tend to agree with your sister in that you have very little claim if any at all.



Sean O said:


> The property I give and bequeath to [sister’s name] to hold and maintain as a family home with free access for holidays or longer stays for my nephew [my name] if he wishes to stay here, and for his family.”



Unfortunately for you, your aunt's will was crystal clear for your sibling but incredibly vague for you. I don't think 'free access for holidays' amounts to a right of residence.



Brendan Burgess said:


> Let's be practical about this rather than legal.
> 
> Your aunt died 9 years ago and your sister moved into the house and has lived there for 9 years?
> 
> You have a right to visit. Have you availed of that right? Are you likely to avail of that right?
> 
> It's really stupid of your aunt to put such a right in a will as it only leads to conflict and legal problems



I would agree with Brendan's comments that you should take a practical view of this and possibly waive whatever right you think you have. A right of residence seems to normally be valued at 10% but whatever you have would be a fraction of this. Is it really worth all the hassle and legal fees to get 1% of the sale?

Out of curiosity, what do you think would be a fair value for your 'share'?


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## Sean O

_OkGo_ said:


> A right of residence seems to normally be valued at 10%


Out of interest, what's your source for that information?


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## Pmc365

"free access for holidays or longer stays for my nephew [my name] if he wishes to stay here, and for his family.”

 Would this not be construed as a right of residence?

On a practical note if I received an equal  or satisfactory share of the Estate compared to what  my sister received or if my sister took care of my mother during her lifetime and was expected to receive a greater share then I think I would forfeit or disclaim any rights to reside in the house.

I would also consider the risk of falling out with my sister  and whether it was financially worth my while pursuing the matter.


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## NoRegretsCoyote

Sean O said:


> My sister simply states that she owns the property outright.....



Correct


Sean O said:


> .....and that I have no claims on the property whatsoever.



Incorrect, the will gives you rights. They may be poorly worded and you may never have exercised them, but they exist.

If she wants to sell the house she has to buy you off. Both of you will need a solicitor to do this right.


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## jim

Your sister maintains you have no claim but your aunt clearly stated that you do have a  claim.

Your sister thinks the releavnt part of the will is immaterial...but thats not for her to say.


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## Brendan Burgess

Pmc365 said:


> if I received an equal or satisfactory share of the Estate compared to what my sister received or if my sister took care of my mother during her lifetime and was expected to receive a greater share then I think I would forfeit or disclaim any rights to reside in the house.



This is a very good point.  

If your sister deserved the house, fine.

But the corollary is also true, if you minded your aunt in her dying years and your sister ignored her, but she got the house, then I would understand why you would be as difficult as possible.

Brendan


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## Gordon Gekko

How much is the house worth?

Have you made use of the “right” over the last 9 years?

I’m not a lawyer, but it doesn’t sound like a right of residence; it sounds more like a right to visit.


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## Sean O

Gordon Gekko said:


> How much is the house worth?


I'd estimate between 500k and 600k


Gordon Gekko said:


> Have you made use of the “right” over the last 9 years?


Yes, but not as much as I would have liked as my right of access has not been clearly defined or accepted by the key holders.


Gordon Gekko said:


> it sounds more like a right to visit


If 'holidays' could reasonably be understood as meaning 2 weeks, then 'longer stays' must surely mean stays of several months duration. I don't know if stays of several months could be considered as 'residential rights'. As I mentioned at the outset I'm posting here because I'm unclear about my rights, and what I could reasonably expect if the property were sold.


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## jim

Maybe your aunts intention was that your sister owns the house and can do with it as she wishes including selling. And you, as nephew, have the right to visit and stay while your sister owns it.


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## _OkGo_

Sean O said:


> Out of interest, what's your source for that information?



My source is not reliable    and maybe I misspoke, 10% would be a good place to start negotiations but your right of access sounds fairly weak so where would you realistically settle, 1-3%??

I can understand why you are trying to ascertain what your rights are but realistically you need to go to a solicitor to do this. But don't assume your solicitor will have your best interests at heart either. They can offer advice but will also act based on your direction so you can easily run up some very expensive legal fees.

If you 'win' and it is deemed you have full right of residence, then you should have paid a fairly substantial CAT as a significant beneficiary. There are actuarial tables to calculate this. You haven't done this so you could have 9 years of penalties to pay as well. Not great value for a property or right you have barely used.

If it is deemed you have some partial right of access and your sister can show that you have barely used it in 9 years, then the court may decide the commercial value to you is quiet small and you could very well spend more on legal fees than what you would receive in compensation.

Or you could get nothing at all.



Sean O said:


> If we want to discuss the morality of it, I'm not sure how morally defensible it is for my sibling to profit to the tune of €600,000, when it was my late aunt's wish that the property never be sold and that it be maintained as a family home



Comments like this sound like you are put out by the fact that your sister got a big inheritance and you didn't. Your aunt's wishes are not reality so it would be wise to remember that your sister owns the property to do as she pleases, not what your aunt wished.

It's fairly simple, either be practical and ask yourself have you really any intention of using your 'right' and whether it has value to you. Or, go to your solicitor and get ready to start spending money


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## NoRegretsCoyote

_OkGo_ said:


> Your aunt's wishes are not reality so it would be wise to remember *that your sister owns the property to do as she pleases, not what your aunt wished.*



Huh?

The sister inherited the property subject to clearly expressed rights for the OP.


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## Vanessa

Sean O said:


> Unfortunately my sister is avoiding acknowledging that I have any rights in relation to the property, and is not open to mediation.
> 
> Does anyone know what steps I need to take to register my right to access the property with the Probate Office? Or do I need to contact the Land Registry?
> 
> I have checked the Land Registry Register of Ownership document, and it states that my sister is the full owner of the property.


Make sure that you are reading this properly. The "burden" may not be clearly spelt out but may be registered. There would be a refererence number that will lead to a further document held by the Land Registry.
In any case to clear ambiguity I would get a true copy of the Will and consult with your solicitor. Regardless of how clear or unclear the Will is the fact that property ownership has transferred to your sister indicates that the Probate Office and Land Registry are satisfied that it is a legal will. The reference to giving holiday access and longer stays to nephew and his family is unclear as to lenght of stays, family ( does it include your wife, children if any or future children?)
I think that you have exhausted any knowledge that you can get from the posters here but to conclude in my opinion,
1. The will is legal
2. You and your family have been bequeathed "free access for holidays and longer stays" which is a right of use of the property 
3. There is a commercial value to this right. E.G. How much would it cost to rent a similar property for two weeks in the Summer, perhaps a week at Easter, Halloween and Christmas as well as a number of Bank holiday weekends.  Total the annual figure and multiply for the average lifespan of a male, not forgetting the ongoing right of access of your family members, and you can see the type of figure involved.
4. It is now time to consult a solicitor, establish your legal position and then decide on much you want to buy out your right.
Also start occupying the property as much as possible, keep a record of any expenditure on maintenance etc. If it does come to a court case be seen to be reasonable. Your sister has inherited a substantial estate and a Judge will not be impressed by her attempts to deprive you of your rights.


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## Brendan Burgess

Vanessa said:


> Also start occupying the property as much as possible



A very good idea.  If not you, then members of your family.

Brendan


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## Sean O

Thanks everyone for your advice and for sharing your opinions. It's helped me think through my options. 

Last week I was given an offer of €30k to settle all matters related to the Will. This fixed amount was offered to cover some cash sums that my aunt bequeathed to her niece and nephews. I'd consider it a fair value offer that adequately covers those other matters unrelated to the property. 

A stipulation of the offer is that I would relinquish all claims to the property. It vexed me somewhat that the offer included no compensation for giving up my right of use of the property. The proposed agreement also requires me to give up any claim to family heirlooms that my aunt stipulated be divided between me and my sister. These have sentimental rather than any intrinsic value. 

My response was that I would accept the offer to cover all matters unrelated to the property, but that some agreement would still need to be reached about my rights of use of the property.


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## Vanessa

The information and opinion I have posted in 39 above is predominantly based on a family experience a few years ago where a sibling was given a right to use of a parcel of land for his lifetime. He also got a share of the overall property. When the probate was done initially his right was not recorded because the executor informed the solicitor that the brother had given up his right verbally. The correct action to be done was the solicitor should have received this in writing. We subsequently had to have the Land Registry record amended ( following Barrister advice). Eventually when it came to a sale the other siblings had to pay to have the right extinguished. This worked out at an agreed lump sum. We were strongly advised that it would be extremely difficult to sell the property with this right intact.
The Executors in the case posted above do not seem to have been very alert. Once again a salutory lesson as to the importance of making a properly worded will and appointing responsible executors.


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## Vanessa

Sean O said:


> Thanks everyone for your advice and for sharing your opinions. It's helped me think through my options.
> 
> Last week I was given an offer of €30k to settle all matters related to the Will. This fixed amount was offered to cover some cash sums that my aunt bequeathed to her niece and nephews. I'd consider it a fair value offer that adequately covers those other matters unrelated to the property.
> 
> A stipulation of the offer is that I would relinquish all claims to the property. It vexed me somewhat that the offer included no compensation for giving up my right of use of the property. The proposed agreement also requires me to give up any claim to family heirlooms that my aunt stipulated be divided between me and my sister. These have sentimental rather than any intrinsic value.
> 
> My response was that I would accept the offer to cover all matters unrelated to the property, but that some agreement would still need to be reached about my rights of use of the property.


The issue of right of access for "holidays" has not been addressed.
This is only the first step in the dance but it is an indication that your sister has got legal advice following your conversations with her and it may not have been to her liking.
It is now time to start negotiations but it would be good to clarify your exact position so that you will be coming from a position of strenght.
Good luck


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## Sarenco

@Sean O 

You really need to instruct a solicitor to deal with this matter.

There is too much money at stake to try and do this on a DIY basis.


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## David_Dublin

I find all this terribly depressing.

Personally, if I was left lifetime holiday use of a property and the owner wanted to sell it, I would just leave it go. Do people really want to start getting solicitors involved, potentially ruining family relations, for a relatively small amount of money? Life is short.


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## Vanessa

David_Dublin said:


> I find all this terribly depressing.
> 
> Personally, if I was left lifetime holiday use of a property and the owner wanted to sell it, I would just leave it go. Do people really want to start getting solicitors involved, potentially ruining family relations, for a relatively small amount of money? Life is short.


The family relationship should be based on equality and respect for each other. In this case a sister is certainly not treating her brother with equality and respect. She is defrauding him of a lawful inheritance.
If a family relationship was based on fraud and exploitation it really is not a family. She is intent on grabbing everything of a very substantial estate.  I certainly would not let her walk away and pretend everything is rosy. Even if the brother received 50,000 it would make a great difference to his life. If the will had been handled property her inheritance tax would have been far less and there would be no dispute


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## PaddyBloggit

Vanessa said:


> In this case a sister is certainly not treating her brother with equality and respect.



There should be a caveat with that..... we have only one side of the story.


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## David_Dublin

Vanessa said:


> The family relationship should be based on equality and respect for each other. In this case a sister is certainly not treating her brother with equality and respect. She is defrauding him of a lawful inheritance.
> If a family relationship was based on fraud and exploitation it really is not a family. She is intent on grabbing everything of a very substantial estate.  I certainly would not let her walk away and pretend everything is rosy. Even if the brother received 50,000 it would make a great difference to his life. If the will had been handled property her inheritance tax would have been far less and there would be no dispute



Do we know how much the property might be worth? Maybe I missed that.

50k is based on what? Presume the house would need to be worth several million for that to be a fair and reasonable, or equitable (did i do that right?) amount to compensate someone for having non exclusive occasional use of unspecified length of a property that someone else owns, for their lifetime and wirh no transferring rights.

"Even 50k" suggests that would not be a very greedy thing to ask for. Seems like there are 2 ways to look at this: one is a reasonable and fair compensation for the person that won't end up with access if the house is sold; the other, the impact on price or ability to sell if not relinquished.

Some here seem to be focusing on the second. I find that disgusting. Sure, its a strong negotiating point, you have the owner by the balls, so to speak. But approaching it like that is the type of thing you see in family law cases, where people get nasty and greedy, and it shows people in their worst light.

Vultures circling here, a lovely look for a family. Revealing comments too. Happy Christmas everyone.


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## Gordon Gekko

What are the sister’s plans?

Surely if the OP has a right to take short breaks in the property, the sister can facilitate this in her new property?


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## Sue Ellen

David_Dublin said:


> Do we know how much the property might be worth? Maybe I missed that.






Sean O said:


> I'd estimate between 500k and 600k



*There is also this to be taken into account:*



Sean O said:


> The proposed agreement also requires me to give up any claim to family heirlooms that my aunt stipulated be divided between me and my sister. These have sentimental rather than any intrinsic value.
> 
> My response was that I would accept the offer to cover all matters unrelated to the property, but that some agreement would still need to be reached about my rights of use of the property.


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## Vanessa

Gordon Gekko said:


> What are the sister’s plans?
> 
> Surely if the OP has a right to take short breaks in the property, the sister can facilitate this in her new property?


Ya. She seems like a person that would facilitate others using her property. She is attempting to rip off her brother full stop.


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## Gordon Gekko

Vanessa said:


> Ya. She seems like a person that would facilitate others using her property. She is attempting to rip off her brother full stop.



I wouldn’t be so sure of that. If anyone’s to blame, it’s the late aunt who left a shambles behind her.

An asset worth hundreds of thousands of Euro, with DIY wording in the Will.

Who on earth wants to live in a house where someone else can come and stay on demand?


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## Vanessa

Whatever our various opinions on the different parties motives it is again a lesson on how not to make a will.
As a result of a bad will we have,
Sister and brother falling out.
Unnecessary amount of inheritance tax paid.
Legal eagles creaming in fees
All because the aunt was trying to save the cost of paying a solicitor to draw up a will.


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## Sean O

Responding to some of the questions about familial relations, I'd add the following:

There have been some 'underhanded' and unpleasant tactics that have left me feeling less inclined to be generous and let my siblings walk away with all the profits from the Will. If they had approached matters in a fair or at least respectful manner I'd be more inclined to give them what they want.

1. I wasn't informed what was in the Will and didn't get to see the Will until after probate was completed and the Register of Ownership of the property updated with unencumbered ownership for my sister. I didn't see the Will until 2 years or more after my aunt's death. The Executors and the solicitors never got in contact with me at all, despite me being named as beneficiary in all three of the main clauses in the Will. This wasn't accidental; there seems to have been a tacit agreement to deal with the Will in this way. I can only assume they thought it was more straightforward that way.

2. The intention of all involved (family, executors, solicitors for the executors) has been for me to inherit absolutely nothing from the Will, despite there being indisputable rights conferred on me, and monetary amounts left to me in the Will. The family tried to distribute cash to siblings but were blocked by solicitors, who were concerned that they themselves could be sued by me if they agreed to disburse the funds in such a legally questionable way. This inability to disburse funds from the aunt's bank accounts is the only reason that in the end I was contacted and asked ('demanded' is more accurate) to agree to waive all my rights.

3. There was money in cash form (savings accounts) earmarked exclusively for me in the Will. My sister and brother have tried to put pressure on me to waive my right to that money, in ways that have been rather unpleasant (I don't think the details are relevant here).

When I've suggested to family members (siblings and uncle) that I am a named beneficiary in the Will, their response has been to accuse me of being greedy, then try to pressure me, and when that didn't work they cut off all communication with me. Mind you, I didn't demand any monetary amount. I merely suggested that there should be a negotiated and fair agreement to settle the matter, since I am a named beneficiary.

The rather twisted logic that family have used to justify all of this is that I have developed a more steady career for myself compared to my siblings. However my sister has a net worth similar to mine (not factoring in the Will under discussion), and a husband that provides well, so I don't buy her argument.

At this point, I feel that I've been unfairly treated when I've only asked for some consideration for my rights and respect for the wishes of my late aunt. I've never claimed a fixed amount of money as a settlement. I am at the point that I feel I need to stand up for my rights, mainly as a matter of principle. I've never liked feeling bullied or having my rights dismissed without consideration. If it means, as it already has, that family relations are damaged, then I can only question the value of any human relations that are based on lack of respect. Personally I prefer not to have friends or relationships with people who fundamentally disrespect me, or who would leave me high and dry at the time that I need to rely on them.


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## horusd

I don't have anything of legal value to this discussion, but I would add that I went thru a rather unpleasant experience with a sibling over my mother's will - not unlike you own.  I did try and sort it thru the family networks initially, as did my mother, but that didn't work and in fact made resolution of the issue more emotionally and psychologically painful.

In the end, I went to my solicitor's as did my sister, and she walked away with around twice what she was entitled to.  My solicitor, who was a gent, told me this and left the decision up to me.  I even  had to pay her legal bill as it happened,  but I settled and moved on.  I resolved, for me, that I would have little to do with her going forward - the trust was gone, and I've made peace with it all.   It wasn't the solution i wanted, but I have to say, handing it over to a solicitor and settling quickly - even if it did sticks in the craw a bit, was the best thing for my mental and physical health.

I really wish you well with this. It is a really trying situation and I hope you can settle on terms you are happy with and move on.


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## Brendan Burgess

Sean O said:


> Last week I was given an offer of €30k to settle all matters related to the Will.



Hi Seán

Did you say that your Aunt died 9 years ago?

And they are just distributing it  now?

Brendan


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## Sean O

Brendan Burgess said:


> Did you say that your Aunt died 9 years ago?
> 
> And they are just distributing it now?


Yes that's right. From what I've gathered, they tried to distribute money left in the will earlier. However, solicitors acting for the executors blocked it as the solicitors pointed out that they would have been putting themselves at risk of being sued by me. No agreement has been reached. Only last week an offer has finally been made, but it's quite inadequate so I haven't accepted it.


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## PMU

You have been given an inheritance and it is the duty of the executors to  distribute the assets of the estate according to the will and ensure you receive your inheritance as specified therein, and not as to how the executor or other beneficiaries think it should be distributed.

You should write, registered post, to the executors referring to the rights of free access for holidays or longer stays granted to you by the will and ask the executors to confirm in writing and by return why the deeds of the property have not been updated to reflect such access as provided for by the will.  You should ask  (a) why has it not occurred; (b) what steps the executors are taking to expedite it; and (c) the executors' estimate of when your rights of access etc. will be recorded in the deeds.

Concerning the cash sums you must ask the executors to transmit these to you by return. You should be firm on this point.

Concerning the family heirlooms you should state which heirlooms you believe constitutes an equitable share and ask that these by sent to you or that arrangements be made for you to collect them.  You should also ask the executors to confirm that they have  protected the heirlooms and insured them for their market value.

You say thath 9 years have passed since probate was granted, therefor, you should ask the executors to state explicitly and in detail what reasons caused the delay.  You could also refer to section 62 of the Succession Act 1965 in this regard.

Most importantly, ask to be provided with a copy of the executors' financial account and request that all further correspondence by in writing and not by telephone etc., i.e. you need to establish a written record of their responses.

The executors are responsible for delivering to you your inheritance as set out in the will.  I don't think it wise to get involved in correspondence with h other beneficiaries until this has occurred, e.g. any matters relating to the will until you have been granted you inheritance.   Effectively you are being offered 30k to disclaim your inheritance, i.e. a limited interest in the property.  If you intend to go down this road, it would prudent to obtain your own estimate of the value of the limited interest in the property before agreement.

Based on what you have said it seem unlikely you will receive your inheritance unless you use the services of a solicitor. But I think it is useful in these cases to show by documentation, correspondence, etc. you were reasonable and that the executor is not (or was incompetent or possibly delinquent)..


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## DeeKie

Impressive response and advice.


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## horusd

The advice from @PMU  seems sterling to me, and adds to the feeling that you need a solicitor pronto.   You can pass all this along and not get dragged into the a place where quite intense feelings are brought up and made worse by the whole experience.   When this is all sorted, (and it will be sorted one way or other, eventually), you will want to get on living your life with the least amount of negativity.  This stuff is poisonous and has an energy of its own- round and round in the head - usually at 2am - get the lawyers to sort the legal stuff, have an idea in your head of what seems fair, aim for that and give your head peace.  There is a price here that's not immediately obvious, and that's the psychological and emotional costs this has on you and yours - make sure you don't pay too high a one.


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## Vanessa

Having gone through a similar situation I'm afraid there will be no going back to happy families.  This issue will be resolved , probably quicker than you think now that offers of payments are being made. The best that you can do is to ensure that you act correctly and can rest easy in the knowledge of that.


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## AlbacoreA

I can only echo what others said. This becomes toxic and you have come out the other side having a working relationship, or none. You have to draw that line in the sand for yourself and then live with it. 

I've set to see an inheritance where one sibling isn't selfish and unreasonable. Passing down % divided ownership or rights of assets like property always ends in disputes. It's should all be sold then divided. Be far less disputes. 

There is always someone unhappy at the end. If they got 100% if everything they would still be unhappy.


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## Sean O

Just thought I'd close this off with a final update. As a result of the advice I received on this forum, I better understood (and was able to articulate) my rights and consequently within a couple of weeks I received an acceptable offer to settle the matter without having to go through a lengthy legal process. Thanks to everyone who shared their points of view and especially for the in-depth advice from some forum members. Knowledge is indeed power.


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## Bronte

Well done Seán O. Must say I was impressed with the excellent advice you received on this forum. Which you acted upon and were able to negotiate an acceptable offer to you which ends the matter within two weeks of your query. No insane legal fees either. (Be careful about tax).


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## AlbacoreA

Thanks for the update. It really adds to a thread when people do that.


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## Clamball

That’s great news.  As you say being able to list what you are entitled to and being able to place a monetary value on it opens the negotiations.   Once the other side knew you were on solid ground they had to make a reasonable offer.  Glad it is finalised, and so quickly.


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## Gordon Gekko

Excellent news, well done


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## Cervelo

Have to say well done Sean, I really wasn't expecting to see this matter resolved so quickly and without the aid of the legal profession
Hopefully now both of you can put this matter behind you and move forward and repair your relationship with each other (presumably)


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## Vanessa

Well done. It's good to have the matter resolved without a Court case.
All you were doing was seeking the benefit of the i heritance bequeathed to you. Whether that was by access to the property or financial compensation in lieu was up to yourself. In any case your benefactor wished that you got some benefit from her estate.
It is terrible that the other party was attempting to deprive you of your inheritance and fair dues to you for standing up to them.


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## tallpaul

Well done OP!! What it also shows is not to be defeatist or to walk away from your rights like several posters on this thread were suggesting. As if there was something uncouth in fighting for what was rightfully yours!


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