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

O

On a Plain

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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 ?
 
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.
 
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.
 
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
 
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.
Click to expand...

What is the best way to find a solicitor with expertise in this area ?
 
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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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.
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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.
 
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
 
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.
 
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
 
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
 
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.
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With all due respect to you I’ve seen the threat of legal action work on many occasions.
 
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)
 
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
 
Deiseblue said:
With all due respect to you I’ve seen the threat of legal action work on many occasions.
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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.
 
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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