Inheriting a family home with a brother or sister can become difficult when you disagree about its future. One person may want to sell, another may wish to keep it, and another may already be living there. A refusal to cooperate does not necessarily prevent a sale, but the options depend on the will, the ownership of the property and the stage reached in administering the estate.
The first question is whether the house remains in the deceased’s estate or has been transferred to the beneficiaries. Being named in a will does not, by itself, complete that transfer. Your solicitor should examine the will, the grant of probate or administration, the title and any deed of assent transferring the property.
Where the house remains in the estate, the executor or administrator is responsible for its administration. Section 50 of the Succession Act 1965 permits personal representatives to sell estate property to pay debts or distribute the estate. For a sale intended to distribute the estate, they must, where practicable, implement the wishes of the adult beneficiaries entitled to the property or, where those wishes conflict, the majority measured by the value of their interests. Every beneficiary’s consent is not required.
However, disagreement between beneficiaries is different from disagreement between executors. Where several personal representatives are acting, one generally cannot sell the land alone without High Court permission. A sibling who is both a beneficiary and an executor therefore presents a different issue from a beneficiary simply objecting to a sale.
Delay should also be considered in context. Section 62 requires distribution as soon as reasonably practicable. The commonly mentioned “executor’s year” is not an absolute deadline for completing every estate: court permission is ordinarily required to bring proceedings for failure to distribute within the first year after death. Ask for a written explanation of any delay and a proposed timetable.
Where the house is already co-owned, section 31 of the Land and Conveyancing Law Reform Act 2009 allows a person with a legal or beneficial interest to apply for orders including sale and distribution of the proceeds. A sale is not automatic: the court can impose conditions, make other appropriate orders or refuse the application.
The will may also create a trust, a life interest or a right of residence. Such provisions can materially affect when and how the house may be sold. Trustees must exercise their powers consistently with their duties and any relevant restrictions. Where a trust dispute cannot be resolved, section 22 of the 2009 Act provides a route to court, with regard to the beneficiaries’ interests and the trust’s purposes.
If your sibling lives in the house, establish the basis of that occupation. Do not assume that occupation automatically creates a lifelong entitlement to remain, or that rent is automatically payable. In a co-ownership dispute, the court can consider an occupation payment where one owner has excluded another, together with adjustments for expenditure, mortgage payments and rental income. Keep records of payments and correspondence.
Before issuing proceedings, practical steps include:
- Obtain the documents: gather the will, grant, title documents and correspondence about the proposed sale.
- Agree an independent valuation: this provides a starting point for either a sale or a buyout.
- Make a definite proposal: if your sibling wants to retain the house, propose a written buyout timetable, with evidence of funding and advice on tax and transaction costs.
- Consider mediation: agree arrangements for occupation, insurance, repairs and access while discussions continue.
If negotiations fail, obtain advice on the appropriate application and likely costs. Establishing the ownership position early can help prevent a family disagreement from leaving the property—and your inheritance—in limbo.
Robert Emmet Bourke & Co. advises on estate administration, inheritance disputes and disputes concerning jointly owned property. Contact us to discuss your circumstances.
This article provides general information on Irish law and is not a substitute for advice on a particular estate or property.