Question with regard to a sibling moving into family home after both parents die. Sibling has took up residence in family home after a parents death. It was previously discussed with parent prior to death without anybody else present and parent supposedly agreed. Noting was put in writing. The sibling has said that they are covering all bills and are not obliged to pay anything else ie: Rent to other siblings. They have said they are only there for a short period and won't say how long a period that will be. They also have the proceeds of the sale of their previous home. Where do the siblings stand on this matter ?
Sibling moving into Family Home
- Thread starter molly23
- Start date
@molly23 reading between the lines it would seem nobody witnessed the conversation(s).
The suggestion to contact a solicitor is good advice.
However the family could agree a tenancy for a defined period and of course the sibling is obliged to pay rent and there could be RTB and Income Tax issues potentially as well. Were the intentions to sell? Nothing stopping that going ahead except below.
The sibling could contest the will - under s117 of Succession Act 1965 - and the estate may have to pay the legal costs. The challenge would be along the lines that parents failed to provide properly for sibling.
Did the sibling have a history of looking after the parents as opposed to the rest? This would make it easier to claim the parents promised the house. What did the rest hear?
I note you said sibling has the proceeds of a previously sold house.
Quite a few complicated issues hence why my fellow posters are suggesting a solicitor.
The suggestion to contact a solicitor is good advice.
However the family could agree a tenancy for a defined period and of course the sibling is obliged to pay rent and there could be RTB and Income Tax issues potentially as well. Were the intentions to sell? Nothing stopping that going ahead except below.
The sibling could contest the will - under s117 of Succession Act 1965 - and the estate may have to pay the legal costs. The challenge would be along the lines that parents failed to provide properly for sibling.
Did the sibling have a history of looking after the parents as opposed to the rest? This would make it easier to claim the parents promised the house. What did the rest hear?
I note you said sibling has the proceeds of a previously sold house.
Quite a few complicated issues hence why my fellow posters are suggesting a solicitor.
It is a good idea from a security point of view to have someone in the house rather than leave it empty and a caretaker agreement should be drawn up.
But it will be the will that will determine what happens and I highly doubt a "she/he said" would be a valid argument.
Grant of probate is taking about 6 months at present, so you could have a caretaker agreement til August.
But it will be the will that will determine what happens and I highly doubt a "she/he said" would be a valid argument.
Grant of probate is taking about 6 months at present, so you could have a caretaker agreement til August.
Thanks just awaiting a meeting with the solicitor dealing with the estate. Care of parent was done equally
Great advice. Thank you
As long as the sibling who is residing in the house is not contesting the will and is agreed to sell the house then this is a super idea as suggested for security/insurance reasons. I would not be pushing for any lease or documental agreement. They should be reminded to keep the place in good shape for viewings of course when the time comes. Who is the executor(s) ? You say you are meeting the solicitor which suggests you may be one of them ?
Thanks for all the advise. Sibling has a long history of manipulation and just wanted to get some questions together before meeting the solicitor. I am one of the executors and they previously removed themselves as an executor without reason, Lots of family politics involved so I feel things need to be documented legally so no further issues arise.
Then safer to leave the house empty; turn off the water & remove any valuables for safe keeping.
