Looking for advice on inheritance from Mother.

fogfurn said:
Sister 2 says that her son and partner will be moving into house in few weeks and only texted me to see was that ok..
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NO NO NO. Don't let this happen.

What your sister is angling for is possession and ultimately ownership. That's my read of the situation. When it comes to wills it seems to bring out the worse in people.

I think the majority of posters have told you the correct way to go is to sell the property. If one sibling will buy the rest out than fair enough. If they want to but cannot afford to do so, then my advice is still to sell.

Eight people are impossible to deal with.

Please tackle your executor sister, to support her in the decision to sell and be open and honest to all your siblings on what you want to see happen. I'm sure they all too want their share, and nothing wrong with that. It's just people are naturally a bit emotional at the moment and don't want to be seen to be mercenary.
 
Thanks all I'm at work now and when I get home I will put up the wording of the will
 
Thanks bronte. I agree with you would it be best for me to organise a meeting with all family as soon as and put all our cards on table and your right about my sister that's exactly what she will do
 
Hi all have contacted family to a meeting and all seem keen to talk now. Here is the wording of will. 'I give devise and bequeath my house at ??????? Together with all the rest residue and remainder of my estate unto my eight children ??????????????????in equal shares absolutely.
 
Wait and see if one of our legal experts joins in the discussion. I warn you that I am not one of them.

It does not look to me as if your sister, the executor, is required to transfer the house into a joint ownership by the eight of you; I thinks she is entitled to sell it and share out the proceeds. Like others in this thread, I think it is the wisest course of action.

I gather that your sister has not yet applied for a Grant of Probate. This might take a few months. She can not sell the house before she has the Grant. She can (presumably with some co-operation and assistance from other family members) get the house ready for sale. In the period between death and finalising the matter (either selling the house or putting it into your joint names) only she has any legal right to make decisions about how things are to be done. She can't do whatever she likes because all decisions must be made in the best interests of all the beneficiaries equally.

I think it would be wise of her to keep everybody in the loop by sharing information and listening to everybody's views. It would be good if everybody agreed on the best course of action. If that does not happen, she must make the decisions. That's what I meant when I said earlier that this is not a democracy.

It would be very risky to allow anybody to live in the house without a watertight legal agreement that involves payment of a proper rent and a commitment to co-operate with the sale of the house. That is very difficult to achieve.

Good luck with your family meeting.
 
Well we all talked the majority agreed with me and the minority reluctantly agreed.there were tears, but we talked. My nephew will pay rent and sign contract for twelve months and then we will talk again about selling. Thanks all for your help.
 
I know you're in a very difficult place now fogfurn and I'm sorry for that. Best bet is to have one account for dealing with the rent and paying all related charges etc. Keep all receipts. I assume there's no mortgage so the PRTB is not so important but you should register all the same.
 
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