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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10631
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am executor of my late sisters will. She has left her estate

Resolved Question:

I am executor of my late sister`s will. She has left her estate to be divided equally between her two daughters. The monies have been distributed to them but one daughter is still living in the house with her family and is refusing for the house to be sold so that her sister can receive her share of the property. It is causing trouble in the family. Can you advise me what are the options.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

The only options available to you are as follows;-

1. If the daughter residing in the property wishes to keep the property, she has to agree to buy out her sister for 50%. This will depend on whether she can afford to do this, by mortgaging the property and using these monies to pay off her sister.

2. The property is sold. If the one daughter is not prepared to vacate, I'm afraid you would have to issue Court proceedings to evict her, which I am sure you won't want to do. The mere threat of Court, and the fact that the Court would order the daughter to pay the costs of such proceedings, would hopefully make the daughter see sense and willingly vacate.

Hopefully the daughter could afford to mortgage the property and pay off her sister, but otherwise, there is no simple and easy solution.

I hope this assists you, and answers your question.

Please let me know if you require any further clarification.

Kind Regards
AL
Customer: replied 3 years ago.

Many thanks Al, that is pretty clear and I feared it might come to this.


 


The daughter occupying the house does not have the funds to buy out her sister. She lived with my late sister for over 13 years with her partner and both her children were born into the house. She is claiming it is her family home and that her children will be emotionally scarred if required to move (my sister passed away months ago).


 


However, my sister`s will is that her estate is divided equally. Would her claims of moving from the family home and the emotional effects on her family carry any weight if it goes to Court?


 

Expert:  Aston Lawyer replied 3 years ago.

Hi Leonard,

Thanks for your reply.


Rightly or wrongly, any Court will not take into account the emotional effects it would have. Really, your sister should have included a provision in her Will allowing her daughter to remain living there, if that is what she would have wanted.

I hope this helps.

Kind Regards
AL
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