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.
Brother refusing to leave house left to us jointly by our uncle
- Thread starter On a Plain
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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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The problem with right and wrong is that two people can often have very different understanding of what is right in any situation.
On a Plain
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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.
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
"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.
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.
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.
Gordon Gekko
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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.