Siblings are aggressively trying to get me out of my late fathers house despite his written Will for me to stay

(111 Posts)
Tryingtosurvive Thu 21-Mar-13 13:13:03

I am a disabled mum with two children under 10 years old and have recently spit up from my partner of 20 years - that was traumatic. My only place of refuge is the house which my late father left to all of us (tenants in common). I moved back into the house a few months ago with my children explaining to my siblings that my relationship had broken down and I had no where else to live except this house.

Now two of my siblings have put me under immense pressure to put the house up for sale despite my father putting a specific clause in his Will which says to the effect that my siblings shall allow me to live in the house for as long as I want to and that the house shall not exercise any trust for the sale of the property without my written consent. My father also said that if cease to reside in the house (other than through temporary absence) then the property can be sold.

Everyone else in my family has regular work/income and a secure place to live. I am self employed and work is very difficult to secure the moment though I am not claiming benefits yet. When my father died we (siblings) allowed one of my aggressive siblings to live in this house, rent-free for four years when she became divorced until she decided she was ready to buy a property abroad. She is furious with me because she has put money into her foreign property expecting the sale of this house to go ahead, but never discussed any of this with me.

There has been a lot of nasty conversations and bickering, and one sibling even trying to get the others to side with her to force the sale of the house if I don't put it on the market by the end of the month. She has threatened me with grave consequenses if I don't do what she wants.

This is an extremely stressful time for me and as a result am suffering depression and other signs of stress whic is taking a toll on my health and my business.

Does anyone have any suggestions what I could do to live securely as my father's Will intended until I'm in a position to buy out the main aggressive sister? I'm short on cash at the moment. The same sister has said that if I intend to buy her out now when the property market is low and then sell the house at a profit when/if the market picks up I have another thing coming.

lainiekazan Fri 22-Mar-13 11:21:47

This is an interesting thread, but more information is needed. Agree with others that very material is who has been paying for upkeep and council tax etc. And I don't think you can make a will that decrees you house shall be kept in perpetuity in case any of your heirs need to have it as a bolt hole. It's like those people who think they can ask to be stuffed and kept in a corner of the living room, or frozen.

quesadilla Fri 22-Mar-13 12:51:15

I have a lot of sympathy as well and the siblings do sound aggressive but like other posters here I can't see how you get around the fundamental fact that your absence was not temporary.
Why would you not want to simply take your share of the proceeds of the sale of the house and use them for a deposit on a property (or even on buying a property outright if there's enough money.)

I suspect the OP has decided not to come back to this thread.

moominmarvellous Fri 22-Mar-13 13:59:55

Sorry if this has been said, but could you just allow the sale of the house and use your inheritance for a deposit or rent on a new place?

Cut ties with the old family home and move on with a fresh start and your relationship with your siblings in tact. I have a large family and threads like these make me absolutely dread the death of our Mum (on top of the fact that I love her and will miss her obviously) as it causes so much crap. Parents sometimes think that they are doing what's best with clauses like these but in reality, anything favouring one over another will always end in bad feeling.

Yfronts Fri 22-Mar-13 15:44:22

I think you should highlight that sis had 4 years and you want 4 years too.

Maybe all of them should have 4 years each in it, how about that?

morethanpotatoprints Fri 22-Mar-13 18:45:09

I haven't read the whole thread but this is what my solicitor said.

He asked me and my sister if anybody may turn up out of the woodwork to contest the Will.

There was somebody, but not to give details here.

Unless somebody can prove that the will was made under juress, (e.g gunpoint) or has a certificate from doctor saying the deceased was not of sound mind, then the will is valid and will stand.

DrHolmes Fri 22-Mar-13 19:06:28

As others have said, sell and use your share to put down as a deposit.

Domjolly Fri 22-Mar-13 19:37:59

Legal aid has now changed unless you sell the house you are very likey to loose the house anyway in terms of legal fees fighting the siblings

Sell the house divide move on

ZolaBuddleia Sat 23-Mar-13 09:33:43

I've lost track, how many siblings are there? Which sister went to the solicitor with you?

scarlettsmummy2 Sat 23-Mar-13 09:59:30

I would sell and use the money as a deposit. There may come a day when you need your siblings and you are behaving unethically.

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