3 beneficiaries wish to sell family home as per will, but 1 beneficiary threatening to refuse consent to sale

[Watershedno5]

I am the eldest of 4 children. We are all in our 50s. Our mother died a few years ago and our stepfather died 18 months ago. My stepfather left a will leaving all assets to be divided equally among the 4 kids. Probate has been granted and my parents' savings have been divided among us.
We three sisters want to sell the family home and divide the proceeds as per the will, but my brother lives in the house (he moved back in with our parents over 20 years ago) and is doing his best to delay the sale.
I live abroad and my sisters live hundreds of miles away from the house, in different parts of the UK. However, my sisters regularly drive to the house to help whittle down belongings, clean the place, etc. In the 18 months since our stepfather died we have never asked for any rent from our brother and we also agreed to him having a lodger for 6 months as a bit of income for him (he doesn't have a regular job). We have explained a million times that after the sale of the house he will have enough money to buy a one-bed flat outright, in the same town. My sisters have offered to help guide him through the process of moving and buying. But he ignores all advice.
He is not mentally incapacitated in any way but he is incredibly stubborn. He has talked about squatters' rights, involving lawyers, claims he has had a breakdown (untrue seeing as my sisters see him at least once a month), says he'll never forgive us for throwing him out of his home, etc.
He wanted to buy us out but he doesn't have the money and can't get a mortgage due to no job. He says he was not given the legal amount of notice about our desire to sell, however that is moot seeing as he's known about our wish to sell since Nov 24 (our stepfather died in nov 23) and the house won't now go on the market until early Aug 25 as we have to wait for lodger to move out and it will then take a month for my sisters to get house and garden shipshape after general neglect (which will be tricky with our brother living there).
My concern is that if we got a buyer, my brother could refuse to sign the sale and purchase agreement. At what point would it be wise to get a court order for sale? I don't know how long it takes or what is involved or how much it costs. We're hoping our brother will accept that the house sale has to happen, but how can we get one step ahead of him if he wants to be obstructive?
By the way, he is single, has never been married and has no dependants. He is the youngest of the four of us.
Any advice gratefully received.

Yes he is my stepfather's son. I don't think he feels more entitled because the money to buy the house in the first place came from my mum and my mother's mum. My brother has never said why he wants the house so badly. But I think he'd say it's his home. He thinks we three have our own homes so we should just let him have the house. He doesn't get that we would like our inheritance, that one of us is a solo mum in a moneypit of a flat, and that we all have kids and our own needs/wants for the money.
We've all tried to psychoanalyse him but he's a classic case of younger and only son suffers a few knocks, retreats to security of home, becomes exceedingy set in his ways and impossible to budge. Our mum and stepfather tried for years to help him move on but it never happened because ultimately it was cushier and safer to live at home. Very frustrating for them.
He's also been self employed since living at home, which means only doing work on his terms,When he wants to, and subsisting on a very low income because our parents were paying all the bills.
I think it's a cycle of low self esteem and extreme fear, feeding into each other. He actually has qualifications and is quite articulate etc but my sister thinks he's on the spectrum and I think she's right. Unfortunately he is massively stubborn and will never ever take any advice. I guess the family dynamic has always been to feel sorry for him.
Thanks everyone for clearing up the issue of consent to sell.
The executor will let him know the timetable for selling and we'll take it from there. The executor will look into the eviction process in case it comes to that. As you say, a letter from the executor is better than us sisters chiming in.

My friends baby brother is just like this. When both parents had died he was early 60s had never had a career just odd jobs for pocket money. They've let him keep the house. He is on the spectrum and couldn't cope with his own place. As it is he has help from the family still.

We calculate that with the money from the estate plus his savings he will be able to buy a one-bed flat in his desired location outright, possibly a two-bed or small terrace house that needs a bit of doing up. He won't qualify for a mortgage because no steady job.

I think I would stage some kind on intervention.

All three sisters including bil and other men if possible.

DB is probably very used to people being very gentle with him, first his parents and probably his sister's. He is used to just being stubborn and noone pushing back.

You said he is perfectly intelligent and articulate so I would try to bring it home exactly what the situation is.

Everyone goes to the home together and sits him down. He can't prevent you entering, break in if needs be.

Make it very very clear to him, face to face that the house is being sold and he can either go along with the process, maintain a good relationship with his sisters, have more choice in where he ends up and get more inheritance.

OR he gets legally forced out, falls out with you all, ends up with less choice and time when finding somewhere new and have less money to buy somewhere.

Sorry you're going thru this, OP.

I perceive that the advice here has been clear & helpful.
I hope you update how things went what you did etc. ... & that the relationship with your brother can be patched up.

That sounds hopeful I presume he’ll be burying his head in the sand in panic as it will seem impossible for him

is any one of you closer to him to help layout his options
tbh a flat would potentially be a bad idea as they are leasehold with a yearly service charge .if he has no steady income he’d struggle

Myself and my sister inherited my uncle's estate a few years ago and I don't recall signing anything. My mum (executor) dealt with the legal side of everything. When my uncle's house went on the market, we weren't involved at all, just my mum.

Thanks everyone. I will update in a few months. Best wishes to all.

Ideally he would be encouraged to start actively looking for his own place as you’ve suggested so that he can look forward to moving in there directly from the house when it sells, rather than renting for a bit. If he can be convinced to change his mindset he might enjoy looking forward somewhere of his own.
I feel for you: my brother lived in my mum’s place after she died and did lots to sabotage us getting a decent price for it, e.g, piles of clutter everywhere so the flat looked far from its best and being awkward about viewings. Eventually he wore me down and bought me out at less than market value, but I found nice place and I was free from his crazy-making behaviour. Good luck!

I've got a similar situation, my mum died last year but intestate. Me and my brother are beneficiaries but he refused to apply for Letters Of Administration with me forcing us into using jointly instructed solicitors who,after 10 months, have only just applied for the Grant or representation.

In the meantime my brother has let someone squat in the property, he's on benefits by the looks of it and signed off sick from the paperwork I found when I went in - he wasn't there luckily.

He isn't a tenant or a licensee as my brother doesn't have authority as either the owner or executor (personal representative as no will) to grant a tenancy.

I've let the local authority know as a band F council bill might focus his mind on leaving ! It appears he has a property himself so has assets, (marital split I'd say) so any costs in evicting him could potentially be charged against his property.

Who is paying the utilities and council tax ? He's being enabled to stay put.

Don't forget that if the property has risen in value since the date of death then there is likely to ve capital gains tax to pay on the gain. If property prices are generally rising in your area then the longer you wait to sell the more tax there will be to pay and reduce the value of everyone's inheritance. You could opt to appropriate 4 ways to maximise exemptions and allowances but your solicitor should be able to advise you on this.

Thanks, that's all very helpful.

Thanks for pointing that out. We didn't know. The executor is seeking professional advice. There is a lot to think about!

Ok this is quite long:,
When a house is left to four siblings, they typically become "co-owners" of the property. If one sibling refuses to move out and allow the sale, here's how the problem would typically be resolved, ranging from amicable solutions to legal intervention:

1. Attempt Amicable Resolution (First Step)

* Communication: The first and best approach is for the siblings to communicate openly and try to reach a mutual agreement. This might involve: * Buy-out: The sibling living in the house (or one of the other siblings) could buy out the shares of the other siblings. This would allow the occupying sibling to remain in the property and the others to receive their inheritance. * Renting the property: If selling isn't an immediate option, they could agree to rent out the property, with the income being split among all four siblings. The occupying sibling could then pay market rent to the others for their shares. * Mediation: If direct communication isn't working, a neutral third-party mediator can help facilitate discussions and explore solutions. This can be less expensive and less confrontational than going to court.

1. Legal Considerations and the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA)

If an amicable agreement cannot be reached, the legal framework in the UK for resolving such disputes is primarily the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). * Co-ownership as a Trust: When a property is co-owned, it is automatically held under a "trust of land." The siblings are generally considered "trustees" (holding the legal title) and "beneficiaries" (having an interest in the property itself). * Application to Court for an Order for Sale: Any of the siblings who wish to sell the property can apply to the court for an Order for Sale under Section 14 of TOLATA. This is the most common legal route when a co-owner is refusing to cooperate. * Factors the Court Considers: When deciding whether to grant an Order for Sale, the court has broad discretion and will consider various factors, including: * The intentions of the person(s) who created the trust (e.g., the deceased parent): Was the house intended to be a home for one sibling, or was the primary intention to provide an asset to be sold for the benefit of all beneficiaries? * The purposes for which the property is held: For example, if it was specifically left to provide a home for the occupying sibling, this might weigh against an immediate sale. * The welfare of any minors (children) living in the property: If the occupying sibling has children, and selling would cause significant disruption to their upbringing, the court might delay a sale or impose conditions. * The interests of any secured creditors: If there's a mortgage on the property, the lender's interests will be considered. * The circumstances and wishes of the beneficiaries: The court will consider the wishes of all four siblings. While the majority view is often given weight, it's not determinative. The court will balance the interests of all parties. * Occupational Rent: If one sibling is occupying the property to the exclusion of the others, the court may order them to pay "occupational rent" to the non-occupying siblings. This is essentially compensation for their exclusive use of the property. This can be claimed even if a sale is not ordered. * Outcome of a TOLATA Application: * Order for Sale: Most commonly, if one or more co-owners want to sell, and there are no overwhelming reasons against it (like vulnerable children or a clear intention for the property to be a lifelong home for the occupying sibling), the court is likely to grant an Order for Sale. This forces the sale of the property. * Delayed Sale: In some cases, the court might delay the sale for a specific period to allow for alternative arrangements or to protect the interests of vulnerable occupants. * Conditions on Occupation: The court might impose conditions on the occupying sibling, such as paying occupational rent, contributing to upkeep, or maintaining the property. * No Sale (less common): It's less common for a court to refuse a sale outright, especially if the primary purpose of the property is no longer being fulfilled (e.g., it was the parents' family home, and the parents are now deceased).

1. Practical Steps and Legal Process

* Seek Legal Advice: This is crucial. All siblings involved should seek independent legal advice from a solicitor specialising in property disputes. * Pre-Action Protocol: Before making a court application, there's a "pre-action protocol" that generally requires parties to attempt to resolve the dispute out of court. This involves sending a formal letter of claim outlining the issues and what is sought. * Court Application: If pre-action discussions fail, the applying sibling(s) will issue a claim at court under TOLATA. * Evidence and Hearing: The court will hear evidence from all parties, including financial details, reasons for wanting to sell/stay, and any relevant circumstances. * Court Order: The court will then make a binding order, which may include ordering a sale, setting terms for occupation, or other resolutions.

Go into the house unannounced , as you are an owner just as your brother is an owner, and take photographs of the place. This is in case he causes damage that will reduce a sale price. If you can get a surveyor to check the property over as this is official. Get legal advice.

You don't really need to worry about capital gains tax as it will only apply on the increase in value from the date of death and so you will all get more money from the sale if the price has increased but you will just have to pay a bit of tax on the increase so it is better for you than if there was no increase at all.

This could have been my IL’s situation, but they’ve avoided it by essentially leaving everything to that son. Without any discussion, which is irritating to be honest.

Thanks for all your help. I don't think we co-own it as such. It's entrusted to the executor to divide it equally between us, according to various earlier posts. My brother is being difficult and isn't currently answering his phone, reading messages or communicating with us. It is difficult also because I live overseas and my sisters live hundreds of miles from the house in different directions.
My brother lives in the house and he has the keys.
Up to now he has never refused us access but it's possible that he could start to become obstructive.
My sisters are plugging away and are hopeful that he will cooperate in the end (or at least not actively sabotage) which is the best approach as we don't want to be at daggers drawn. The executor is taking legal advice and will then send my brother a letter, setting out a timetable and (possibly) explaining to him that any legal expenses he may cause us will come out of the estate.
It will take a,few months before anything happens as we have to wait for lodger to leave. My brother has plenty of time to look at properties to buy etc but he's probably still too busy stewing over us!

@Watershedno5 think the time has come for solicitor to start eviction proceedings. these can take a while, as in a good few months, so start now! cannot pussyfoot around an arrogant idiot like that!

Arrogant indeed refusing to communicate while ensconced in a shared property paying no rent.

I second starting the eviction sooner rather than later.