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Original poster

Inheritance question

48 replies

Deeplylemoncrazy · 04/04/2018 09:45

I have been the main carer for my DF for the last 10 years who has recently passed away. I lived with him and we owned the house equally (no mortgage). His will states that his half should be left equally between myself and my siblings. One of my siblings lives fairly locally and did help me to a certain degree while DF was alive, although not as much as I would have liked or expected. My other siblings live abroad and had no involvement in his care whatsoever.

During the years we have lived in the house I have made certain improvements in the form of new kitchen, heating and windows and my DF and myself paid for these equally.

Obviously I know that I will be entitled to my 50% that I own in my own name and an equal share of my DF's will but I'm wondering whether I should be entitled to more of it because of the money I have put into the house in order to improve its condition.

The house has increased by about 15% since we first bought it but I don't know how much of that is because of the improvements.

Obviously I will be consulting my solicitor but just wondered if anyone here has any knowledge or similar experience please?

OP posts:

WeAreEternal · 04/04/2018 10:44

Cathy is right, it depends how the house ownership was shared.

Personally though I think you should be happy with your 66.6% of the house and either sell and use that money to buy elsewhere or buy your siblings out of their 33.3%.

piercinggelo · 04/04/2018 10:46

I think the OP is trying to get a bigger share of the DF half

RedDwarves · 04/04/2018 10:47

watford OP has been left an equal portion of her father's share of the house.

She is effectively saying that she wants to contest her siblings' shares in order to get a bigger share herself, so what is equal now would not be equal if the OP had her way.

MarmiteTermite · 04/04/2018 10:47

You are missing the point. If a property is owned jointly then when one of the owners dies the property then belongs entirely to then other person.

If it is owned as tenants in common then when one person dies their share is then passed on per their will/laws of intestacy.

piercinggelo · 04/04/2018 10:48

You are missing the point. If a property is owned jointly then when one of the owners dies the property then belongs entirely to then other person.

Ah ok. I thought that property was divided as per the will.

Original poster

Deeplylemoncrazy · 04/04/2018 10:55

Thank you for all your responses, even if some of them are rather hostile. Thank you to those who were more respectful in their replies rather than just assuming that I am out to get what I can.

In no way did I look after my DF with the expectation of getting more out of him. In fact, when he re-wrote his will after my DM passed away it was me who took him to the solicitors and it was me who said that the fairest thing would be for him to split it equally. If I was that way inclined I would have had an opportunity to do it then.

I didn't live with my father just to get a cheap roof over my head. I gave up full-time work, moved across the country and gave up an awful lot of freedom in order to care for him. I don't for one minute think this entitles me to more but I do object to the inference that I only did it as a cheaper way to live.

I was simply asking a question to see if anyone knew where I stood legally. One of my siblings has already screwed over their partner's family when the parents died and I certainly have no intention of doing that.

OP posts:

preggolady · 04/04/2018 11:07

Perhaps you could look at getting a mortgage to buy out your siblings so you own 100%. It might be good for you in the long run x

WowLookAtYou · 04/04/2018 11:39

Why do people post on these types of threads when they clearly don't know what they're talking about?

ADarkandStormyKnight · 04/04/2018 11:41

Theses situations are always difficult because no-one wants to seem grabby, but nor do they want to be treated unfairly.

The only way to go is to respect the will because once people think the settlement is open to negotiation all hell can break loose. It might not happen but you could end up losing not only your father but the good relationship with the rest of your family.

People can be very strange about this sort of thing.

You are obviously a giver and have been a brilliant daughter. I'm sure you made a huge difference to your dad in his last years. Because he lived with you, you must feel his loss far more than your siblings. You might have to make some adjustments to your life while your siblings will be dealing with no material changes other than to receive a bit of cash.

tribpot · 04/04/2018 11:48

If you had paid for the improvements on your own, I think there would be a different case to make. But you and your DF contributed equally to the cost of the improvements, and thus the value of each share has risen by the same amount.

LanaorAna2 · 04/04/2018 12:16

OP, I grovel if I sounded as if you were out to be grabby. I didn't mean that at all - but a lot of people do exchange care for deferred payment via inheritance, which is perfectly reasonable. All goes well until they don't get the inheritance.

You're clearly a brilliant DD and a very kind, self-sacrificing person.

Original poster

Deeplylemoncrazy · 04/04/2018 12:19

Wow - thank you. I don't understand why people have to be judgemental and aggressive. It was a simple question.

AD - thank you. You have hit the nail on the head. His passing doesn't seem to have affected anyone else as much as it has me. It's hard being surrounded by DF's things every day. I've not reached the stage where I am ready to sort through them yet. It does seem as if some of my siblings are just waiting for me to get the house on the market so they can get their money. I totally respect his will, like I said, I encouraged him to have it this way.

OP posts:

ADarkandStormyKnight · 04/04/2018 12:30

I'm still sorting through my late mothers stuff. It's a very tough time, especially if you feel you can't do things at your own pace.

DairyisClosed · 04/04/2018 12:41

@piercinggelo joint tenants own the whole house together so that when one dies their ownership ceases to exist and the remaining owner gets the lot. Tenants in common each own a share in the property so that when one dies they leave their half to their heirs.

OP check the conveyance documents. If they say tenants in common you have no right to his 50% beyond what he gave you. If it says joint tenants then the whole house is yours unless there was an act of severence. The will in itself us not an act of severance. But an agreement prior to his death that his half would form part of his estate would be an act of severance. Other things like him taking out a loan with his 50% as security could also be an act of severance. Your contributions to upkeep are irrelevant. At best you could argue a cobtrsuctive trust but it wouldn't be worth the legal fees unless the house was very expensive.

NoSquirrels · 04/04/2018 12:49

Can you afford to buy your siblings out of the house?

You now own 66.66% of the house (your original 50%, plus a third of the remaining 50%).

Get 3 valuations - stress to agents you want realistic market value - and see if you can afford to buy your siblings out. Without estate agents fees etc this is the best deal for them too. If you want to stay in your home, that is.

for your loss.

YimminiYoudar · 05/04/2018 04:36

When some friends of mime had a "shared ownership" property and wanted to sell, they had to pay for an "independent valuation" - similar to a mortgage survey - to establish a fair value without the involvement of estate agents who opinions can't always be trusted. (They then we're obliged to use that value to calculate the value of the share they were selling, and advertise it for sale at that exact price, with the purchasers required to meet the housing association's criteria - basically being first time buyer owner-occupiers). A valuation of that kind seems like just what you need?

If you can't afford to buy your siblings out immediately, would they accept a fair rent for their share? What would one 6th of a fair monthly rent of the property be?

scaryteacher · 06/04/2018 11:06

If you co-owned with your df, either as tenants in common, or joint tenants, then your siblings can't make you sell surely? Presumably it would cost them to force a sale?

Original poster

Deeplylemoncrazy · 06/04/2018 13:45

Thanks for all the advice. I'm not trying to withhold the inheritance from my siblings and the house is really too big for me to stay on my own so it's best all round that I sell it, split the inheritance, and move on.

OP posts:

ADarkandStormyKnight · 06/04/2018 14:10

That sounds like a hard decision to make but probably the right one.

However, is there an inheritance tax implication? I'm not clear on the new regulations but do check it out before you finally decide.

KERALA1 · 06/04/2018 14:17

Sell it, split the difference and move on is the best move.

Knowing that you did right by your df. The will sounds quite fair tbh.

Jon66 · 06/04/2018 14:24

You should probably consult a solicitor because it is possible the extra money you put into the house meant you owned more than the 50% that was agreed prior to this. It very much depends upon who said what and what the expectations were. Trust law applies which can get complicated.

Jon66 · 06/04/2018 14:25

Sorry, by extra money I mean of course the cost of the improvements. Although if your father paid equally with you for these it's difficult on the information you have given to give a definitive reply. See a solicitor.

KERALA1 · 06/04/2018 15:50

If you do that you will start a fight and likely lose more than you gain (in solicitors fees, stress and destroyed family relationships). May be worth it for a massive amount definitely not for a few thousand.

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