Can my parent force the sale of an inherited house?

[Susuwataris]

Keeping it a bit general as I don't want to be too outing. Parent has two siblings. They lost their parents and there is property worth around £600000.

One sibling living in the house. Likes it there. Parent wants to sell house, third sibling also wanted to. However has since changed their mind due to sibling in house persuading them (possibly financially). They both say they want to wait to sell house to allow the one living there to sort themselves out. Parent wants to sell as soon as due to their age.

Will states estate is to be shared between siblings. Concern my parent has that if they die before the sale that their share then gets shared out between the other two and that this is part of the reason they want to wait.

Can they force the sale of the house? I imagine the relationships between them all won't be in a great shape either way.

I’ve just gone through probate, granted is was a very simple estate with no live in siblings.
the executor has a set time (I believe to put all account in executive accounts and apply for probate) it can take years in senarios such as this. You absolutely need a solicitors letter sending out to retrieve a copy of the will and accounts as they stand, debt and assets and if they’re not made available the solicitor can advise you from there. Them being the executor doesn’t mean they can sit on everything without action nor informing any beneficiaries the status of affairs. Also inheritance tax is applicable for estates of and above £350K. So the executor has an obligation to sort and settle this asap
good luck

FYI- wills don’t have to be registered on the national will register, it’s not a legal requirement. Probate won’t be public record until granted. If you can’t find it, it’s likely it hasn’t been applied for (it’s costs £300) Or hasn’t been completed.
either way the executor must keep you updated

Yes technically they can tell them sell or buy them out. The other option is tell them they want a third of the rental value a month whilst not sold as the person living in it is scott free or wants in a contract they will not be expected to pay towards upkeep whilst this person lives in it. Tell them they have 6 months to find something and get it listed or to arrange a mortgage between the 2 of them not wanting to sell to buy them out.

You need a lawyer to force the sale and he’s just having one sibling wanting to sell is enough

This is easy and cheap to do.

From what I can see, your parent needs advice about bringing a claim under TOLATA
https://www.samuels-solicitors.co.uk/tolata-proceedings

The simple answer is yes, the sibling who's living in the house can be made to move out via a court order if he refuses to do so voluntarily. And there's a good chance that the court would order him to reimburse most of the legal costs incurred in obtaining that order. In practical terms the costs would be deducted from his share of the estate.

Once this was explained to him in writing he may decide that it's in his interests to move out.

It's the responsibility of the executor to sell the house, and distribute the sale proceeds to the beneficiaries of the Will. But from what you say it sounds as if the executor may not have applied for probate, even though he should have done so shortly after the death. If so, you, as a residuary beneficiary (someone entitled to a share of the net estate) can apply to the court for an order forcing him to apply for probate, failing which you can apply yourself.

It does sound as if the executor has completely failed to fulfil his duties, so the starting point is to find out exactly what he's done - if anything - with regard to obtaining probate. A simple written request, imposing a deadline for a reply, should elicit this information.

I received a 1/3 share of my grandparents house because my parent predeceased my grandparent. As did my cousins. My uncle received 1/3 - he was the only surviving child of my grandparent. I would triple check exactly what the will states.

You haven’t inherited anything - your parent has!
It’s very common in wills to say that x inherits a share of a house/money etc but that if that person has already died (i.e. predeceases the person whose will it is), their share goes to someone else (usually their children). My parents’ will is written like this. So….if I died before my parents, what would have been my share of their estate would go to my child.

In case, your parent has now inherited part of a house. It is theirs legally. If they die tomorrow, it will go to their beneficiaries in accordance with their will. If they die intestate, it will be divided according to intestacy laws - between a spouse and kids. Your parents’ siblings will not be entitled to anything.

Whatever happens it's unlikely to be super quick so join " Which? Legal " and book an advice call with one of their legal team. They will help you understand everyone's position and what information to seek out.

It seems highly likely there will be inheritance tax to pay and official paperwork that must be submitted within deadlines which will give your parent a way to push for eg information because 'we have to submit suchathing to HMRC'