To worry she will not do what will says

[Florabadora]

Short version - my aunt has died and fur some reason left her house to mr older sister on the understanding she sells it and splits the proceeds between her two kids and my two. No idea why aunt did it this way.

It does not say in the will when she must do this. Or that proceeds must be split equally.

Can she just keep the house for herself? Or sell it and give most of money to her kids? She is unfortunately quite capable of doing this.

We live in England.

Also will was written using write your own will pack not with lawyer.

Unless there is something stating her wishes, I would guess your sister can do as she sees fit.

If it's attested properly it'll be valid.

What does it actually say?

That house (which is worth a lot) is left to my sister for her to sell or rent and split the proceeds between four kids. Does not say WHEN sale or rent should happen and does not say proceeds must be equally split so quite open to interpretation.

splits the proceeds between her two kids and my two

This wording implies equal splitting into 4.

Has your sister been named executrix?

Do I have any legal recourse if she doesn’t sell the house straight away and does something like move into it? Or if she does sell and gives only a small percentage to my kids?

Yes she’s executrix too

You need to consult a solicitor if you think your sister will do this.

It sounds like your sister can use any timeline, has she said what she plans to do?
I would speak to a solicitor for sure!

She’s mentioned the market not being a good time to sell and I’ve heard through my brother she said something about moving in in the meantime - it’s a much bigger house than hers. Technically she owns it so she could move in and um and ah about the market for a while.

You need a solicitor's help with this.

You need a solicitor. Wills are much more complicated than any of us realise until we have to deal with one.

In the nicest possible way op, are you sure your aunt wanted you in on it? My granny said stuff to us over the years but the will was quite different- which is fair enough, sometimes you say things to people because you don’t want to deal with the fallout. Where does your db stand on this since he’s not mentioned either?

It sounds like there’s a possibility the bequest may not even be valid. As PPs have said, wills are complex and there can’t be ambiguity. You need a lawyer!

The answers to your questions are totally dependant on what the will says.

It might say “to [sister] for her life then to [children] in equal shares”, in which case she keeps the house until she dies then it goes to the kids.

It might say “to [children] with [sister] as trustee” in which case using the house for her own purposes is a breach of her duty.

Those are the two extremes - there are other possibilities.

If you have a copy of the will, you could black out the names and post it - someone may be able to advise.

Alternatively, I would suggest legal advice.

This is an example of why using a will pack with even a mildly complicated estate (e.g, where some of the beneficiaries are minors) is a bad idea.

DB not in the will at all as aunt seemed to want great nieces and nephews to benefit.

Will get to a solicitor! Thanks for replies.

It was her own wording and it says - House to be left to my niece X, for her to rent or sell, the proceeds to be split between (names of 4 children).

She’s presumably under no obligation to sell as the will mentions renting, but she will need to split the proceeds four ways. Be careful that she doesn’t ‘rent’ it herself under the going rate.

God I never even thought of that but I wouldn’t put it past her - renting it for a sll
sum herself.

If the will says split between that will mean equally. But yeah I think you need a solicitor as she can presumably drag her heels over it. But I don't see how she can move in, the will says rent or sell. She would only legally be able to move in of she was renting I assume?