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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Have been granted probate to deal with a family members will

Customer Question

Have been granted probate to deal with a family members will it wasnt updated and in effect real estate and personnal to be used to pay all debts and funeral expences etc and then split in four equal parts, 2 for myself 1 for my sister and 1 for my cousin. There is no issues within the family about what happens but a property has been left the family member gave me the option to move into the house before they passed away, this has been decided as everyone is in agreement.

Upon selling my own property do I have to split the proceeds into four parts to still follow the will.
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Do you have a specific question?
Customer: replied 4 years ago.


yes last paragraph of question

Expert:  Stuart J replied 4 years ago.
So they let you move in before they died , but the will leaves it to 4 of you equally? Does the will mention you living in it? What do the rest of the family want?
Customer: replied 4 years ago.


No didnt move in before they died as had to convert into bedroon downstairs while i looked after him family are ok with me moving in but didnt know as i am not selling the property but my own do I have to split sales from my own house in four parts.

Expert:  Stuart J replied 4 years ago.




Your house is your own house and you are entitled to do with that as you
wish. You don't have to sell it or keep it, or do whatever you do not want to
do with it.

If the deceased persons will does not grant you the right to live in their
house then it must be dealt with in accordance with the will. It really is as
simple as that. The fact that they granted you the right to live in it before
they died is immaterial.



If they promised you the house and you did something in return for that
promise, relying on the promise to your detriment, you may potentially have a
claim against the house in what is known as the legal doctrine of Promissory
Estoppel. It means that you can enforce the promise. If the other beneficiaries
decide to defend it, be prepared to spend thousands and thousands of pounds in
legal costs.



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Customer: replied 4 years ago.


as i will get two parts of the house and i moved in would it be legal to pay the other two parts to the others in the will if they are in agreement and as they are family wont oppose it or do i have to get it in writing

Expert:  Stuart J replied 4 years ago.

There is no reason why you cant buy out their shares if you can agree the price with them. Any conveyancing solicitor will do the transfer for you. The process is slightly different but not unusual.