Inheritance property dispute - unclear will

Sean O said:
Does anyone know what steps I need to take to register my right to access the property with the Probate Office?
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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.
 
On what basis is your sisten denying that you have a right to residence? Is it in your aunts Will or not?
 
jim said:
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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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.
 
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.”
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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
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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'?
 
"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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Sean O said:
My sister simply states that she owns the property outright.....
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Correct
Sean O said:
.....and that I have no claims on the property whatsoever.
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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.
 
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.
 
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.
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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
 
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.
 
Gordon Gekko said:
How much is the house worth?
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I'd estimate between 500k and 600k
Gordon Gekko said:
Have you made use of the “right” over the last 9 years?
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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
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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.
 
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.
 
Sean O said:
Out of interest, what's your source for that information?
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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
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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
 
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.
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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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