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Joy Nicholas
Joy Nicholas, Lawyer
Category: Property Law
Satisfied Customers: 2267
Experience:  Lawyer
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I am one of 5 beneficiaries to my late mother’s estate. Her

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I am one of 5 beneficiaries to my late mother’s estate. Her house has been empty for 10 years plus ,is uninhabitable and for safety reasons has metal shutters in place to prevent further damage and entry by vandals. As dialogue is difficult between everyone can the property be put up for auction if 4 of the 5 beneficiaries agree to this proposal?
JA: Where are you? It matters because laws vary by location.
Customer: South Wales in the borough of Merthyr Tydfil
JA: What steps have you taken so far?
Customer: The s
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the 2trustees (one being my younger brother and the other the solicitor appointed by my mother ) failed to sort out the wishes in the will due to my sister’s many objections and we are now at the stage where there is no money left for the solicitor to use to even insure the property. I received( together with the other beneficiaries received an email at 7.00pm last Thursday to say that we needed to ring the insurance company to address the payment as the renewal was due on the 26th May. 4 of the 5 beneficiaries want this nightmare to end and are unsure as to what we can do
Hi, thank you for your message. Welcome to just answer. I am sorry to hear about your situation. Can I confirm what does the will state about the house?
Customer: replied 17 days ago.
The house in question was bequeathed to another of my brothers who gave it back to the estate because of the demands of my younger sister . The solicitor who drew up the will did not take into account that the purchase of the property and land around the house was conducted at different times and whereas we all grew up in the house and understood what my wishes were my younger sister chose to pursue the route of “land adjoining “very literally thereby putting a difficult situation before my brother.My sister was bequeathed land adjoining On professional advice that it could cost him £200,000 plus to contest this he chose to give his inheritance back to the estate ..making 5 people beneficiaries. This large 3 storey property is situated by the side of a main road and now has very little garden. It must be insured for obvious reasons. But we (4 of the 5) beneficiaries want it sold or demolished .is this possible.There is so much more I could write but We are awaiting the title deeds from ??Land registry can we force the sale. My sister will seek to purchase at a knock down price because the first title deeds of the house has a rectangular strip which joins the new house my late mother built. This new house is in my sister’s ownership.It is her demand to have that triangular please (4 of the 5 beneficiaries must keep this triangular/parking strip with the original house or it would make the houses value much less again . The current insurance has come in at £80,000 and this is for not new for old .Such is the state of deterioration from 2008Can we as a majority put the house on the market
Customer: replied 17 days ago.
I do not wish to make a telephone call to you but respectfully ***** ***** to respond to my question

Hi, thank you for your message. Again I am sorry to hear about your situation. You can ask for the home to be sold however you will need to agree as the home is part of an inheritance in which you all own a share. You could chose to sell your share of the property if not everyone wants to sell. If you cannot agree alternatively you will need to take the matter to court for a judge to decide. I would advise that you instruct a solicitor to represent you.

The solicitor will be able to weigh all the evidence before them and help you build a strong case. You can find a solicitor by using the law society find a solicitor link here: https://solicitors.lawsociety.org.uk/ You will be able to search by specialism and also town or postcode to find one near you. You may qualify for legal aid if you have low income and want to take the case to court. You can check if you can get legal aid here: https://www.gov.uk/check-legal-aid. You can find a legal aid solicitor by using this link: https://find-legal-advice.justice.gov.uk/. Legal aid is free assistance to people who cannot afford to pay legal fees such as legal advice and proceedings. You could also visit your local Citizens Advice Bureau (CAB) ( For more information please visit: https://www.citizensadvice.org.uk/). CAB’s are accessible in different areas in the country providing free legal advice to individuals who cannot afford this. You can contact them by phone to book a face to face appointment. They may also be able to provide phone appointments. Moreover, you might be able to find a pro bono lawyer by attending/contacting a LawWorks Clinic. A probono lawyer is a free lawyer. The LawWorks Clinics Network is a network of free legal advice sessions that LawWorks (the Solicitors Pro Bono Group) supports. For more information and to find a network near you please visit the following website: https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you.

You can also find other means of getting help with legal fees using this link: https://www.citizensadvice.org.uk/law-and-courts/legal-system/finding-free-or-affordable-legal-help/ I hope this helps and I wish you all the best in dealing with this matter. Please do not hesitate to contact me should you have further questions regarding this matter. I am happy to answer follow-up questions - please do get in touch with extra information or further queries and I will do my best to help you. Best wishes.

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Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!

Customer: replied 17 days ago.
Thank you I am / was aware of most of what you have said but I am look ok if for clarification as to whether a majority of the beneficiaries I.e 4 out of the 5 can force the sale of the property registered in the ownership of the 5
Customer: replied 16 days ago.
Please refer to my last post I am looking for clarification that if a house his registered with the land registry in the name of 5 people and 1 of the 5 does not wish to sell , can the 4 who wish to sell it force the sale.
Customer: replied 16 days ago.
Hello Joy, I am still waiting for a reply to my last Two posts
Hi, thank you for your message. Normally you need to follow what the will says. Your case is complicated and thus you will need to take the matter to court. Best wishes