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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 5979
Experience:  Senior Associate Solicitor
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My father died intestate and me and 3 brothers are the

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My father died intestate and me and 3 brothers are the recipients of his estate which includes his house we had it valued for probate and I was to buy my brothers out at this. The now want to revalue it and expect more what happens
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: north yorkshire
JA: What documents or supporting evidence do you have?
Customer: we have valuation from a Rics surveyor and was accepted as the value by HMRC and letter of representation granted
JA: Anything else you want the Lawyer to know before I connect you?
Customer: can they force the sale onto the open market or can I refuse to sell my quarter share

Hello, my name is Jim and I am a qualified lawyer happy to help you this evening.

You each have a share of the property so any of you can apply to the court to force a sale in order to realise your shares.

The application to force a sale is under the Trustees of Lane and Appointment of Trustees Act 1996. You are all "trustees" and the law gives you a right to the property. The Court takes in to account various factors when deciding whether to order a sale - you would be able to object to the forced sale if you have a good reason. If you can buy out their share then there is no need to force a sale. The other owners would need to write to you either personally or via their solicitor to set out their proposal to force a sale and you would need to reply.

The order for sale is entirely at the discretion of the court and the court will consider the intentions the property was to be used for when inherited and whether anyone is actually living there now or not.

You could refuse to sell and in that case they have to go to the expense of going to court, i.e. making a court application and attending a hearing. There is no guarantee the court will order the sale - they will have to make cogent arguments about why it should be sold off instead of accepting your offer to purchase among other factors.

I hope this helps - if you can please accept the answer and give me a 5 star rating (the top right of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

JimLawyer and 2 other Property Law Specialists are ready to help you
Customer: replied 7 days ago.
If they won’t accept my offer which is what it was valued at for probate and so in my mind fair. If they then want to go to court to force a sale will they have to fund this themselves or can it paid out of remnants of the eatate. Which I obviously would not agree to.