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Clare, Solicitor
Category: Law
Satisfied Customers: 35051
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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You may remember my question from before. It concerns a will

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Hello. You may remember my question from before. It concerns a will of my late father.
The will left land and a house in "the shares agreed by them (my brother and myself) and already in their respective occupations. I will attach the will if i can.
My brother and I can't agree on borders. Fence ownership and rights of way because he is refusing to talk.
So my sister's as executors of the will have (via solicitors letter) said it will be put in their names as it cannot be in my father's name.
My question is...
Can (my sisters ) put our..(me and my brothers) inheritance in their names.
And ultimately if my brother and I can't agree, what happens? Is it put jointly in our names for us to agree? Or does it go to court.
Customer: replied 1 year ago.
I will attach letters.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What is the issue with the driveway?

Customer: replied 1 year ago.
The drive is a shared access to my house and his. It was owned by my late father. See plan attached.
Everything red blue and green was left to me and my brother. The drive belonged to meadow view which is where my father lived. I bought it from him at market price. He kept the rest to protect my brother who is a recluse and has never worked in his life..he is 60.
We used it. Me the red him the blue. But since my father's death he moved the fence. So I do not agree with the red and blue joining point. My brother says the drive was given to him. My father hated my brothers wife and kept it all in his name to protect him from her separating. He told her she would never own it.
He left it to us but the fence was moved by my brother and he will not share ownership of the drive. He owns nothing.
So if we don't agree anything ultimately happens.
Customer: replied 1 year ago.
Sorry last sentence should say what happens.

Can you prove the fence was moved after the death of your father?

Customer: replied 1 year ago.
It was moved few feet and I was going to let it go to make things easier for my sisters and a troble free life. his wife is complaining more about the drive and acces over it. She is disagreeing with all sorts but the drive is their main concern..
Customer: replied 1 year ago.
The will says in the shares agreed by them..what if their is no agreement. Ever.
Customer: replied 1 year ago.
By the way. My sisters agree that our dad left it to my brother and me to use as we have been but in joint names..but the will is not clearly written .

Actually the wording of the Will is clear - you and your brother inherit the land you each occupied at the time of the your father's death.

In the absence of any agreement between you then that is the default position and is how the land should be registered - rather than it temporarily being placed in the names of the Executors (which is indeed legal)

I suggest that you inform the Executors that it is in fact within their powers to end the matter in this way and any failure to do so may lead to your making a claim against them

Please ask if you need further details

Customer: replied 1 year ago.
Thank you. I agree but my brother is refusing to sign the land registration so can it be placed by my sisters in his name?
Can it be given to him without his agreement in the shares the solicitors my sisters and i agree? I don't want my sisters being pursued by my brothers wife..

Does the Registration actually require his signature - is it creating or transferring covenants

Customer: replied 1 year ago.
I have no idea. If one plot of land is split into two i assume it would assent to us under new covenents. But I don't know..
What should happen.

One option is for the Executors to deal with the assent of your property to you and then for the other property to be transferred to the Executors until your brother is able to agree to sign

Customer: replied 1 year ago.
Clare that may be the best option. He will have to come round to it sooner or later and this way we can all move on with our lives. I'm far to busy for all this and I own my properties so a bit of land is no big deal. I just dont want my sisters loosing more sleep. I thank you for this and will leave good reviews. Des hills.

You are very welcome and I hope all goes well

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