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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23717
Experience:  Senior Partner at Berkson Wallace
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I am trying to get my inheritance. My mother died almost 7

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Hi there, I am trying to get my inheritance. My mother died almost 7 years ago. I want to know if I can get my brother to sell her property so that I can get my inheritance. Thank you
JA: Estate laws vary by state. What state are you in?
Customer: In Lancashire
JA: What documents or supporting evidence do you have?
Customer: What do you mean?
JA: What confuses you?
Customer: About documents? My mother left us 50% each in her will. My brother put his name on the property title deeds meaning I now only have 25% of her estate. I am living on the breadline & want my 25%.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My brother is difficult to get on with about this.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Who was executor of her will and did she allow him to stay in her property?

why do you think you are only entitled to 25%?

are you prepared to force the sale?

Customer: replied 14 days ago.
We were both executors of her will, due to the original executor dying many years before she did. I am only entitled to 25% because my brother's name is ***** ***** title deeds of my mother's estate. He got her share, which leaves me to a 25% only. Although he does reside at the residence of my later mother. He also has a wife & accommodation over in Poland. Yes I am prepared to force the sale. I am struggling financially, it has been nearly 7 years since she died. I tried asking my brother to please finally sell the property last year. Due to Pandemic it would have been delayed.

No one can be compelled to continue to own a property which they no longer wish to own and they are able to force a sale through the courts if necessary.

The fact that you inherited the property along with your brother is irrelevant.

The remedy is to make an application to court for an order for sale under section 14 of the Trusts of Land Appointment of Trustees Act (the Act).

Anyone wishing to sell may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually having the need to get to court.

Check  house insurance to see if there is legal expenses cover that would pay for the legal cost of taking the matter to court.

The wording of the application is along the following lines:

Therefor the claimant makes a claim pursuant to s.14 Trusts and Land and Appointment of Trustees Act 1966 (TLATA) pursuant to Part 8, for the following

i   A declaration that the Claimant and Defendant are 50:50 beneficial owners of the property (or whatever percentage you are looking at):

ii  That the property be sold:

iii That there be an adjustment of the financial shares to account for the additional money spent by the Claimant in excess of the agreed £20,000 project fund, the council tax, electricity and occupation rent for the period of time the Defendant has enjoyed sole use of the Property.

iiii Costs

If I were advising anyone who has received a letter threatening an application to court under the Act and an application for legal costs, I would tell them to get the agents sign up immediately and cooperate with the sale because if they make the court application, they are likely to get it and they are likely to get costs awarded against them.

It is often the case  that a robustly worded letter from a/your solicitor threatening a court application and an application for costs, may resolve the issue without the need to go as far as court.

On your house insurance you may have legal expenses cover that would pay for the legal cost so it’s worthwhile checking.  Some do and some don't.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 13 days ago.
Dear Stuart,Just a strongly worded letter threatening court from a Solicitor may be enough. My brother is a very smooth talker. I want my rightful share. I will check my household insurance to see if they cover legal, they may do. I do have a copy of my late Mother's Will and the TR1 Form with both their signatures on them. They were Tenants in Common not Joint Tenants.Having a legal letter sent from a Solicitor may just do the trick.Thanking you for your advice so far,Wanda Leczynska

All noted. It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.

Thank you for trusting Just Answer with your legal problem.

Customer: replied 12 days ago.
Hi Stuart,So far I am thanking you for what you are telling me. For years I didn't think I could force my brother to sell my Mother's estate. I have checked with Land Registry that he has had my late Mother's name of the title deeds off the property. His name is ***** ***** one on there now. I have tried to have my name added, because in my late Mother's Will she requested that we became 'Tenants in Common' after her death of the said property. My brother has not allowed me to do this. I am not allowed to enter the property without him being there.
My question about his name being the only one now on the title deeds - would that stop me being able to force to sell it?Many thanks for your help in this matter. This question has been bugging me for a very long time.Wanda Leczynska

It will not stop you forcing a sale of the property provided you can prove that you have a financial interest in the property and/or should have had a legal interest in the property (had your name on the title deeds) under the terms of your late mother’s will.

Customer: replied 9 days ago.
Hi Stuart, I am named in my late mother's Will. That is my proof. Thank you for your help. Now how do I go about getting this letter from a Solicitor to my brother and how much is it going to cost me?

It depends on the solicitors but do shop around.  You will probably find that they want a few hundred pounds upfront.  But the initial opening of the file in the first few letters shouldn’t be costing more than about GBP250.  But as I said, do shop around.

Customer: replied 9 days ago.
Thank you. I did find one local Solicitor he wanted £240.00 plus VAT for a 45 minute consultation. I am going to shop around because I personally thought it a bit too much even for a first time consultation,Thank you for this information.Wanda

No problem.  Glad to help.  Yes, do shop around and get a feeling for whether the person is good or bad or indifferent.  240+ VAT is actually a good deal if you get really good advice whereas you could pay GBP200 plus VAT and it be a really bad deal if you get no advice or wishy-washy advice.  Kind regards

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