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INC Law
INC Law, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 16350
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My aunt died two years ago. In her will, she left the family

Customer Question

My aunt died two years ago. In her will, she left the family home “to my three children,
Julie, Michael and Paul.” The family home is situated on Northern Ireland’s famous ‘north
coast’, with lovely sea views. Following my aunts death, my cousin Julie- who had always lived at home
with my aunt, and looked after her when she was elderly and increasingly frail- stayed
on in the property. The three siblings had never been particularly close, and fell out
spectacularly when the will was read; Julie broke off all contact with her two brothers at
this time, and refused to allow them to access to the property because she (Julie) believed
that the family home should have been left solely to her.
In recent months Michael and Paul have grown increasingly tired of the situation. Acting
through a solicitor, the two brothers initially offered to sell their respective interests in the
family home to Julie at ‘the going rate’. Julie’s solicitor responded to say that she (Julie)
also believed that this was the best solution for everyone; however, the siblings were
unable to agree on a final price for their shares of the family home because Julie said she
couldn’t afford to pay the full market value.
Paul and Michael still want the property to be sold (the brothers have spoken to a local
property developer who is keen to buy the house and is offering a very good price for it;
the developer intends to demolish the property and build several holiday rentals on the
site). Julie is vehemently opposed to this, and says she will do anything that she can to
prevent the sale from happening.
Will Michael and Paul be able to force a sale of
the family home or will any legal issues arise
Submitted: 8 days ago.
Category: Property Law
Expert:  INC Law replied 8 days ago.
Hi,

Thank you for your query.  I am a Solicitor-Advocate in the UK and will be assisting you with your question today.

Has the property been transferred to the 3 siblings?

Customer: replied 8 days ago.
Expert:  INC Law replied 8 days ago.

Hi,

If the property has been transferred to the 3 siblings, the brothers would be able to force an order for sale through the courts.

They will need to engage a solicitor in Ireland to do this for them.

I hope this answers your question. If you have any further questions, please do not hesitate to ask.

Kind regards,

Customer: replied 8 days ago.
Under what principle of law and case law authority could they do this
Expert:  INC Law replied 8 days ago.
The following link will provide further information: https://www.housingadviceni.org/selling-shared-home
Customer: replied 7 days ago.
Does the fact Julie took care of her mother whilst she was ill not have any say in the matter?
Expert:  INC Law replied 7 days ago.
Hi,

I do not believe that it does.

Customer: replied 7 days ago.
Would this be a joint tenancy or tenancy in common
Expert:  INC Law replied 7 days ago.
It would depend what is stated on the Title Register.
Customer: replied 6 days ago.
what legal difficulties could you see arising if the brothers forced a sale
Expert:  INC Law replied 6 days ago.

Who would manage the sale? Access to the property for the purposes of viewing.