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Original poster

Inheritence and house sale

214 replies

Lanzarotelady · 06/04/2025 12:28

Interested in others opinions here - what's fair?

Mum dies leaves house worth 160,000 and £60,000 in bank

3 adult children

1 living at home - never had a mortgage - has had a nomadic life style
2 living in a house, paid for - single
3 living in a house -paid for- married with children

1 know he needs to get a mortgage, but with no deposit and no real credit history is struggling to get one

He has proposed to use the £60,000 in the bank as a deposit, smaller mortgage etc, then when the house is sold, the other 2 get their share of the house, their share of the money in the bank, ie £80,000 each and he gets what is left.

I don't know if this is fair, open to abuse, favouring one above the other

What do you all think

OP posts:
Original poster
Lanzarotelady · 06/04/2025 14:33

gattocattivo · 06/04/2025 14:29

It’s really common for siblings to be the beneficiaries and the executors. It doesn’t alter the legal duties they have whatsoever.

you said your other half (sibling 3) seems unbothered about it all, which sounds concerning because they have a responsibility (along with the other executors) to distribute the estate in accordance with the will. End of.

first thing though - ask your other half who the executors actually are! Seems odd they haven’t told you.

He probably has told me - I have forgotten
Each time we discuss it - it ends up in us arguing as it comes across as if I am grabby! I am not - but I can just see it going tits up

OP posts:
Whatevershallidowithmylife · 06/04/2025 14:30

Split 3 ways - everyone is responsible for their own life choices.

gattocattivo · 06/04/2025 14:29

It’s really common for siblings to be the beneficiaries and the executors. It doesn’t alter the legal duties they have whatsoever.

you said your other half (sibling 3) seems unbothered about it all, which sounds concerning because they have a responsibility (along with the other executors) to distribute the estate in accordance with the will. End of.

first thing though - ask your other half who the executors actually are! Seems odd they haven’t told you.

TheFunHare · 06/04/2025 14:26

Yes I wouldn't have an issue with that. Inheritance can get very difficult and come between siblings so if there is a relatively simple thing you can do to avoid ill feeling then you should. The solicitors will be able to keep a note of who has had what and even it up according when the house is sold.

Original poster
Lanzarotelady · 06/04/2025 14:24

But if the beneficiaries are the same as the executors then will they not be claiming against each other?

She died 2 years ago, probate probably took 18 months

OP posts:
gattocattivo · 06/04/2025 14:23

@Lanzaroteladyask sibling 3 who the executors are. If as you suspect, it’s all 3 siblings, then it sounds like they’re failing in their duty. Executors have a duty not to delay the distribution of an estate. It’s not a question of whether they ‘aren’t really bothered’ or are being laid back: this is a legal responsibility. Beneficiaries could potentially have a claim against the executors if they’re faffing around. Probate was granted 2 years ago!

Obviously Nomad sibling isn’t going to be in any hurry, they’re living the life of Riley, but the other siblings should be getting their act together.

as you’re married to sibling 3, tell them this. Do they understand that in law, they have a duty to administer the estate and distribute without undue delaying?

unsync · 06/04/2025 14:20

Lanzarotelady · 06/04/2025 13:29

Is he balls!

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Calculate what he owes and it gets deducted from his share. If the house is owned three ways, he should be paying you and other sibling rent. Is the house now ready for sale post Grant of Probate.

dapsnotplimsolls · 06/04/2025 14:19

No. 1 made his life choices. Split it 3 ways. If you then want to lend him some money, draw up a proper financial agreement.

Original poster
Lanzarotelady · 06/04/2025 14:18

Probate is settled,
The house and the bank account are now in their names

OP posts:
Thelittleweasel · 06/04/2025 14:15

@Lanzarotelady

Of course - if you are in UK - you have to deal with it through probate [or rather the executor/executrix does] exactly as the will states. No one can get their hands on the money in the bank until then. Same with the house; sold and money into executor's account. When probate is granted the beneficiaries are free to use their 1/3rd share as they wish.

NewsdeskJC · 06/04/2025 14:08

Nope. Split it all 3 ways. The £20k will be plenty for him to rent while he looks for something to buy.

Original poster
Lanzarotelady · 06/04/2025 14:05

godmum56 · 06/04/2025 14:01

oh dear God! tell me they are not executors?

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I don't know who the executors are - I think its the three of them

OP posts:
Original poster
Lanzarotelady · 06/04/2025 14:05

LittleBigHead · 06/04/2025 14:02

It must be very frustrating to watch this happening. Can you influence either Sibling 2 or 3?

Are you the partner/spouse of either one? That is the trickiest position ...

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Yes, I am married to sibling 3
It is causing no end issues
End of the day not my circus, not my monkeys but it is exceptionally frustrating as sibling 2 doesn't seem to be bothered by this, yet they are the one who could do with the financial security

OP posts:
LittleBigHead · 06/04/2025 14:02

Lanzarotelady · 06/04/2025 13:51

Sibling 2 & 3 quite naive, don't think they need to seek advice as they can't see anything wrong with this idea

It must be very frustrating to watch this happening. Can you influence either Sibling 2 or 3?

Are you the partner/spouse of either one? That is the trickiest position ...

godmum56 · 06/04/2025 14:01

Lanzarotelady · 06/04/2025 13:51

Sibling 2 & 3 quite naive, don't think they need to seek advice as they can't see anything wrong with this idea

oh dear God! tell me they are not executors?

godmum56 · 06/04/2025 14:00

Follow the will or intestacy law to the letter. Once the estate had been distributed, each beneficiary can decide what to do with their share. I don't think there is any argument about what the testator "would have wanted" They will either have made their wishes clear in a will or have wanted (or at least not minded) that the law was followed. If you are letting the nomad stay in the house, make SURE that you will be able to get him out!! This smells a bit of eau de CF to me.

friendlycat · 06/04/2025 13:57

You split everything equally as per the will and your late mother’s wishes. If she had wished differently she would have instructed so in her will.

Original poster
Lanzarotelady · 06/04/2025 13:51

Sibling 2 & 3 quite naive, don't think they need to seek advice as they can't see anything wrong with this idea

OP posts:
viques · 06/04/2025 13:50

zeebra · 06/04/2025 13:17

Am I missing something here? If sibling 2 and 3 are expecting 80k, they will end up with more money that sibling 1. Three lots of 80k is 240k but it sounds like there is only 220k in the will so sibling one will end up with less.

Sibling three has been living rent free since the dinosaurs roamed, including the Two years since probate was granted. . If anyone is to lose out then it seems fair it is sib3.

1)Split the cash, sib 1 moves into rented .
2)Sell the house with full vacant possession, some of the money used to pay selling expenses etc remainder split 3 ways
3)sib 3 then has deposit money can buy property.
4)Sib 2 and 3 have their inheritance.

Original poster
Lanzarotelady · 06/04/2025 13:46

gattocattivo · 06/04/2025 13:39

@Lanzaroteladyare you Nomad sibling? you seem remarkably laid back about even entertaining this idea.

if you were either of the other two, I can’t help feeling you’d be laughing your head off at Nomad’s selfish, unfair suggestion.

No I am not Nomad

OP posts:
Original poster
Lanzarotelady · 06/04/2025 13:45

AnnieMaud · 06/04/2025 13:43

The mother’s wishes should be respected. That was the will she made.

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I agree

OP posts:
AnnieMaud · 06/04/2025 13:43

Lanzarotelady · 06/04/2025 12:38

There is a will - everything to be split equally

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The mother’s wishes should be respected. That was the will she made.

maddening · 06/04/2025 13:42

Each has £73k inheritance - he needs a mortgage of £83k to release that in equity from the house so that the 83k plus the 60k in the bank can pay the other 2. He doesn't need a deposit as such as his 73k is his deposit.

AnnieMaud · 06/04/2025 13:41

luckylavender · 06/04/2025 13:29

Surely some of the cash in the bank will be needed for bills, solicitor, utilities, house clearance etc etc

Has safety certificate, electrical safety certificate to create a legal tenancy for nomad.

gattocattivo · 06/04/2025 13:39

@Lanzaroteladyare you Nomad sibling? you seem remarkably laid back about even entertaining this idea.

if you were either of the other two, I can’t help feeling you’d be laughing your head off at Nomad’s selfish, unfair suggestion.

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