(In Ireland) 4 siblings inherit a family home, 3 want to sell, 1 doesn't. Can the 3 force a sale?

[MoonGoon]

Nobody living in the house.

The '1' doesn't want to sell because the house is close to their home and farm buildings and they couldn't risk 'contrary strangers', moving in and causing trouble 🙄.

Obviously we'll get proper legal advice, but do people know if 1 person can legally block the sale of a property in a situation like this or can the other 3 force a sale?

Thanks.

I have no idea. Could the 1 buy the other 3 out?

They could but they won't.
Ideally they'd like to get it for free or else let it fall into disrepair.
It's not worth a huge amount of money.

I don't know the answer, but I'm in a similar position so watching with interest!

I believe they could force a sale by going to court. It happened my neighbour with her parents home. Her siblings wanted to sell , she didn't but they won their court case and she had to sell.

It really depends on the way the will was written.

Very poorly written will if it didn't specify a sale.

I would imagine that if you go to court, a sale will be ordered - or person 1 can buy the other 3 out. The 3 people are entitled to their share. What are they getting if it remains unsold? Nothing, hence why a sale will be ordered.

I know a similarish story where four want to keep the house as one person is living in it and they are happy enough to keep their sibling in the family home and one wants to sell. Apparently the only winner in these cases is the legal profession as these type of civil cases can cost an awful lot.

FYI there was no will.

With no will it is a per stirpes rule so nearest next of kin have a proportional share.Court would likely rule in the three siblings favour. The fourth siblings best hope would be a court mandated period of time could be given to allow them to purchase the three other shares.

The reality is the only winner will be the legal profession the fees will eat up a lot of the value of any sale. Is there a chance of trying mediation ?

Yes, the next of kin, the 4 siblings are in the process of receiving their proportional shares.
Obviously avoiding court cases would be preferable to avoid the legal fees but also to avoid family rows.

So is the house sold ? you say they are in the process of getting their shares? if it is for sale then the single sibling could try and get an injunction on selling but really every penny will go on legal fees. Try and encourage mediation.

Sorry, no the legal process of giving a 25% share to each sibling (due to lack of a will) is ongoing.
When complete the 3 will suggest selling the property but the 1 has already said they're against that happening.

the 1 has already said they're against that happening.

Well, the 1 will have to pony up 75% of the property value then. It's very straightforward.

UNLESS

The 1 can show reasons why they have a greater claim on the property ie they farmed the land / looked after the parent etc.

Such situations are sadly common enough in rural areas

@EarringsandLipstick

"The 1 can show reasons why they have a greater claim on the property ie they farmed the land / looked after the parent etc."

The 1 has previously inherited the farm and built a new house on the farm where they still live.
Our father continued to live in the original farmhouse.
They didn't look after our father any more than some other siblings.

@MoonGoon

That does sound more complicated actually.

I'm not doubting what you say but I suspect 1 will be arguing some enhanced entitlement to the property.

Time for legal advice

Farming land brings a whole new entity to the issue. Honestly the next steps will depend on the value of the house.Legal advice will be needed as by the one sibling farming land, (?was it originally attached to the inherited house) then this brings a host of possible legal challenges the sibling can bring. There is strong case law awarding houses to children who take on farm land, sometimes there is a clause in the deeds.

Yes, it was originally the farm house.
The sibling who inherited the farm built a new house, which effectively became the farm house.
We will talk to some legal people who understands the law.

Teagasc and Revenue have resources that set out common issues they might be helpful.

well i can understand their concerns.
some incomers can be very contrary, esp if townies. is there any possibility of renting out the property; that way the family would retain more control over who is there and what is done.
good luck.

Ugh. Farms cause so much trouble in families. Everything handed over to one of the children and then the rest are expected to subsidise them my supporting the parents and then passing up on the original house to the benefit of the one who got the farm.

Similar going on close to me and it's so unfair. It causes such bad feeling too.

No help to you I'm afraid. I hope you can get it resolved without a major falling out.

We will talk to some legal people who understands the law.

Not 'some legal people' - go to a solicitor that is experienced in this area.

The Irish Farmers' Journal has a regular column on legal matters relating to farms, and as well as the two sources recommended by PP, check out the IFA (Irish Farmers Association) for good resources.

The sibling on the land cannot deny you what you are entitled to. However, without a will, that entitlement is up for question, especially given their position on the land, so you absolutely need legal advice.