Inheritence and house sale

With Nonads idea, couldn't he burn through the £60k and then demand a third share of the house? (Unless you do a deed of variation).

Or spend the £60k and refuse to move out.

He's the type that needs his money at the end of the deal, not the start.

Sounds like siblings have been conditioned to pamper to nomad like the parents. Though op says he’s a hard worker just not very organised. It dose make me wonder if nomad might not be a carefree no commitment person, rather not had the tools or opportunities he needs to have a settled life.

Any way I think OPs husband and siblings need to start looking at this practically, if mother didn’t want nomad homeless then maybe they need to help make this possible, flat benefits (though with money in the bank benefits are unlikely) etc.. but 100% get the ball rolling on settling the estate and go from there.

Maybe Nomad may like a life in a static caravan on a site where he can do temporary work and odd jobs to keep him comfortable. I have friends who flit between a static caravan in the UK and a caravan on in Spain, they love the lifestyle. Husband works on the UK site peak season and then they go off to Spain in the off season.

I think it’s a little different if you’re a married couple with an onward purchase than a tenant with nowhere to go. My buyer’s solicitors insisted on a tenancy agreement so that my family member would be given notice 4 weeks before exchange and completion.

because that isn't what the nomad wants.

Who gets the equity on the day of sale? Is it nomad? If so, will he transfer the 2/3 to siblings? Is he honest? Did you say the account is in every siblings’ name? If so, why can’t they just take a 3rd each and close the account?

We did exactly that while waiting for probate and then the house sale to complete without any issue. DH and I lived in the family home until completion of sale; vacated on the morning and took the keys to the estate agent’s so that completion at midday happened with vacant possession.

I think once someone has done something like this over a will "family relations" will never be the same again.

This happened to a friend of mine although only one sibling , so 2 children . Her sister lived with their mum until her death , & it took 5 years for her to get her ‘ half ‘ of the house due to various delaying tactics from her .
She could have forced the sale through court but chose not to for family relation reasons more than anything , but I know there’s deep resentment on my friends part that the wait was so long

If you read the thread though, it’s fairly clear it’s not a done deal that he’ll get a mortgage offer. 58 years old, no history of a good credit score, and a nomadic life style suggests work is intermittent.

Honestly I don’t even know why this sort of thing becomes an issue to worry over. The will is written, the executors need to follow the directions of it. It’s not a choice, it’s a requirement. Unless they all agree to go down the route of deed of variation and rack up extra costs. I think seeing as all 3 siblings are executors which the OP has now confirmed, the nomadic brother is already on dodgy territory by leaning on the others to not follow the will by actions which will benefit him. Quite aside from anything else, that 60k will be earning interest at the moment which benefits all 3 siblings equally. If it’s given to one sibling it straight away disadvantages the others. That’s aside from all the other possibilities mentioned…. The house needing major work for a sale and suddenly there’s no money in the estate to pay for it; or the house not selling at the expected price. splitting the money equally as per the terms of the will is the only certain way of treating all 3 siblings equitably.

It looks like I’m in the minority but if this was my brother id gladly let him take the cash for a deposit to buy a property so he wasn’t in a chain etc (which would make his life much easier). We are not super close but I trust him and if it didn’t make any difference to me (ie I had no big cash flow issues) then I’d be fine with it.

Decisions can be made: he can rent like millions of other people do. And why would he need benefits? He’ll have around 70k or so after costs and the estate is distributed! Plus you said he works, albeit not in a highly paid permanent role.

there’s a chance he may be able to get a mortgage if his LTV is favourable, and it’s a short term as he’s already 58. If not, he rents. It’s no one else’s problem. His choice to go through life freeloading instead of paying for his own housing up to this point. He’s getting a taste of real life now. No one is being unfair or unkind: quite the opposite - he’s the one who’s proposed an action which is unfair to his siblings.

I think the splitting of assets is the least of your worries. He has been allowed to live there rent free with his siblings’ permission so I don’t think he will be going anywhere, because of the mortgage issues you predict. I can see a great deal of money being spent on solicitors sorting this out.

you do realise that getting a deed of variation will cost money which will come out of the estate?

If your MIL wanted him not to be homeless, she should have re written her will.

Not write one thing in the will and then get the guiltys on her death bed when possibly his brother has been whispering poor me!

The will is the legal document and that is what needs to be followed.

Sadly, with all the good advice, if the OP's partner doesn't want her advice and support and its come to the point of their arguing about it, there is nothing that she can do except step back. I am not saying that is right or proper but that seems to be the situation.

are you sure about this now? You couldn't remember before?

People like this who go through life as a ‘free spirit’, shirking the responsibility to get permanent work or pay their own rent/ mortgage, are quite comfortable to freeload off others who are doing precisely what they’re spent their life avoiding.

The OP and her dh have the responsibility of a mortgage. There’s no free lunch for them! Her dh really needs to take on board how selfish his sibling is being.

Nomad's chickens are coming home to roost!

Split the cash now and the proceeds of the house sale on completion. Simples.

This ^^

The thing that stood out for me is the idea that others get their share "when the house is sold" - except if "Nomad"'s the only one in it they could easily prevent that happening

Why create complications when your mum was quite clear she wanted it splitting 3 ways, presumably without endless delays?

He might decide a bigger house rent free is preferable to a small flat and paying a mortgage!

Edited to add, on this, that I'd be amazed if there's any "might" about it

Their mum also left her estate to be shared equally. Anyhow he won’t be homeless, he’ll just have to pay rent and then can aim to use his share to secure a mortgage