Inheritance property dispute - unclear will

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 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.
 
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.
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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
 
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.
 
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.
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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
 
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
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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.
 
David_Dublin said:
Do we know how much the property might be worth? Maybe I missed that.
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Sean O said:
I'd estimate between 500k and 600k
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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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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?
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Ya. She seems like a person that would facilitate others using her property. She is attempting to rip off her brother full stop.
 
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.
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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?
 
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.
 
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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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 said:
Did you say that your Aunt died 9 years ago?

And they are just distributing it now?
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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.
 
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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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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