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Property/land inheritance advice

6 replies

Angelwings77 · 11/11/2021 17:40

My mum passed away last year, she left a commercial property that the sale of is underway (it had started just before she passed away but has dragged on because of probate, covid and some other problems that cropped up) the profit from the sale are to be split between myself, my brother and our four children. She also left her house to my brother and his wife, and a house and 3 acres of land plus the access to the house and land to me and my 2 children, a third each. There has always been a plan to get building permission on this land at some point and my mum made sure her will was definite on the fact that we got the house, land and access to be able to sell it if we ever get permission for building. The house my brother and sister in law have been left is next door to ours and currently in the deeds all the land and our house belong to his house as my dad had them altered, my brother is the executor of my mum's will and has started the process of splitting up the estate back into 2 houses and one house (ours) having the land and access. Today I discovered my brother has secretly made my 2 children offers to buy their share of the land from them which I assume will also include the access? I'm obviously trying to persuade my kids not to take the offer as it will be a pittance compared to what it could be worth with planning permission but where will I stand in regards to the access and future sale of my third if they do sell to him?

OP posts:
AndSoFinally · 11/11/2021 21:45

Does the will literally leave 1/3 to each of you? As in, you get the back left corner, etc?

Otherwise surely none of your children own the access in order to sell it, they just own 1/3 of the entire thing.

If they sold to your brother, he would own 2/3 and you 1/3 but he wouldn't be able to just claim all the access and leave you a useless piece of land locked estate unless you agreed.

I'm no expert but I can't see how he could just take whichever portion he liked

Angelwings77 · 11/11/2021 23:36

No the will just states the house, land and access to the house and land are left equally between me and my two children, apparently by brother has suggested the kids get a surveyor in to assess the land and offered them £25,000 each. With planning permission it'll probably be worth £250,000 each! I suppose I'm not surprised he's gone behind my back to gain control of land that's potentially very profitable, but to try and screw over his 2 nieces from benefitting fully from the land our mum deliberately left me and them alone is despicable, he got the most expensive house to move into and the money from his own house, plus the commercial sale money and still wants my kids land for more profit! After a discussion tonight it seems one doesn't want to sell her third and the other one is considering the offer. If there's no legal way to prevent her selling to him then should I assume my only option is to buy her third myself? Over my dead body will he profit from it

OP posts:
GettingItOutThere · 12/11/2021 20:29

i would offer to buy the kids third to be honest OP

no legal advice sorry except to say hes a greedy sod isnt he?!

TrollsAreSaddos · 12/11/2021 22:18

Sorry about the loss of your Mum.

Your brother sounds awful. Can you discuss this with him or are you not in contact with him?

Angelwings77 · 12/11/2021 23:12

Yes he is GettingItOutThere and I think this is possibly going to be my only option unless there is something legally that prevents one of us selling their share without the agreement of the other 2 parties, unfortunately I can see him turning it into a bidding war and he has access to far more money than I do.

OP posts:
Angelwings77 · 13/11/2021 10:18

TrollsAreSaddos We had a major fall out years ago and didn't speak at all but during mum's illness, the funeral arrangements and sorting out the house contents etc we had started to at least speak to each other civilly. I've had regular contact with his wife over the last year to keep me updated with the property sale and thought that we had regained at least some of the friendship we had before the fall out but now I feel like I've been rather naive, friendly to my face whilst trying to get their hands on a chunk of the land behind my back.
I was hoping to find out where I stand legally, if one of us can sell without the others agreement? If we have to be offered the chance to buy it first etc before I challenge them both and let them know I know what they are trying to do.

OP posts:
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