Siblings and inheritance

[ShawleyNot]

Posting for advice/opinions/ anything really. My dad passed away many years ago and everything went to mum. My sister (plus her husband and two children) moved back to the family home during lockdown - was supposed to be temporary but became permanent. They moved for financial reasons at the time but since found jobs and are earning money... and just stayed, it worked for them so no one questioned it.
My mum passed away earlier this week and the Will says that everything is split between me and my sister. There's not a lot apart from the house, but she is insisting that mum wanted her to have it and live in it and we can't sell it.
What rights do I have? On one hand id feel completely awful to kick her out, on the other hand she can afford to rent or her half if we sold it would pay for a sizeable deposit, but she's insisting she needs to stay.
I don't "need" the money but we're not particularly well off.

You need to take the will to a solicitor. A very similar thing happened between my dh (who lived with me & kids in our house) and dbil (who’d never moved out of the family home).
Dh went to a solicitor and the wording of the will is key here. Much depends on whether the will states the ‘estate is to be sold and the contents split 50/50’ or ‘estate split 50/50’. It’s silly but those key words ‘sell’ made all the difference and my dh could have forced my dbil to sell.
We’ve gone down the renting our 50% to dbil so he can stay there. The solicitor offered this as a solution.
I think you need to be strong and not get pushed into agreeing to something you don’t want so as to not rock the boat. Your ds using her kids is nothing short of emotional blackmail.
Get good legal advice and start as you mean it in order to get things moving. I do realise it’s soon after your mum has passed but it will be best that you and your ds know what needs to happen with the house moving forward.

This is a very good point.

If the will states that the assets are sold and the value realised divided that is different to the assets themselves being split. If the former the house would never be registered as the property of the sisters, just sold on under probate to a new owner (which could be the occupying sister with a mortgage), and the funds realised after expenses divided.

Either way you have to get the sister out.

We don't know who is executor here, its a good example of why it is a good idea, where there a multiple major beneficiaries to make a solicitor the executor rather than the beneficiaries - it must be one of the biggest causes of disputes in estate division.

Op, who is the executor of your mums will? You need to talk to them asap. And a solicitor. Someone needs to apply for probate, get the house properly valued including all the contents.

OP,

I am so sorry for the loss of your mum and that you are dealing with this now. The possibility of an estoppel claim discussed upthread is another reason you need to see a solicitor. (It also sounds weak to me).

I wrote earlier and like several others I thought it was an option for your sister to rent from you. Upon reflection I think that is a very bad idea

You have the rights that the will gives you, which is half of the estate. Your sister will have to purchase the other half of the house from her mother's estate if she wishes to remain.

If she can't afford to do that then the house must be sold and the proceeds split.

Whatever you do, please don't ignore your mother's wishes as stated in her will. It is unlawful and disrespectful to her memory.

She could very easily have left the house to the sister in her will. She did not. Find a competent probate solicitor and put it in their hands. It would be totally unreasonable and actually weird for you to give your half of the house to the sister. No one normal would expect you to do that. You would massively resent your sister in the future and it would likely ruin your relationship. Just instruct a solicitor to administer the (fair) will.

I am sorry for your loss of your mother OP. It is so recent that you and your sister must still be in shock to some extent. One thing I have learned is that people sometimes say or do things that are inappropriate or out of character when first bereaved.
Lots of prople on here are calling your sister "shitty" and a "bitch", which is really harsh at this stage. You know her well and can tell if this unreasonable demand is out of character for her.

Get a solicitor who can explain dispassionately to your Dsis what her options are - to buy your half or sell the house and split the proceeds. This will be best done after your DM's funeral so that you can maintain a good relationship with your sister and support each other while you are both grieving initially. Berfore then, just be vague - "We will sort it out a bit later" or "after the funeral". It will also avoid you having to argue it with her yourself.

Please follow your DM's wishes.

Also keep in mind op a good solicitor on hearing your sister is living with your mum on taking instructions for her will will likely have discussed the options regarding your sister with her. She still chose to leave half the house to you and those wishes need to be respected - legally and morally.

The problem is, that the OPs sister may already have been to a solicitor, or may go before her - and there are more options, which are more aggressive and litigious as previously discussed.

One would hope it doesn't go that way as in all likelihood in the fullness of time it will pan out as per the will, but after a lot of pain and expense all round.

If I was the OP I might be offering the sister to help her look for a good mortgage deal, go with her to an IFA, being proactive to achieve the best outcome. But also talking to a solicitor.

I'm assuming the will was written before the sister moved in, so the co-habitation was not an issue at the time.

If it was written once the sister was in residence I would have expected a life or fixed term interest trust (for example until children were grown up) to protect the resident sisters interests whist preserving the OPs legal interest in the property.

If written since the sister moved in it's a bit remiss not to see this obvious problem.

She and her family have presumably had a few years of dossing there rent free so even when it's sold she'll still be in profit. She can't refuse to move without buying you out at full market value or she moves, it's sold and profits are split as per the will. Her wishes are irrelevant, she cannot overturn the will. If she chooses to stay she should also have to pay half of the value of the contents that belonged to your mother.

@ShawleyNot can you give an update? Similar problem 😔

Who is the executor ?

If it is neither you are your sister it makes it easier. Just tell the executor that you want your half and it is up to them to deliver on that.

I would also put a watch on the deeds at the land registry.

I wouldn’t advise getting her to pay rent! Sounds as if she’s exactly the type who won’t pay, and will cause the OP no end of hassle.

She needs to either buy the OP out, or move out and take her 50% once the house is sold and any IHT is paid.
I hope you’ve got a copy of the will, OP!

Dsis thinks she can keep the house and live in it then pass it to her dc. She knows you need to pay to take legal action to get her out. She will refuse to pay half as she cannot afford it. Hopefully it is not a full blown court case, but just the solicitors pushing it forward.