Siblings' Property Rights After Parents' Death

Emily Dickinson once wrote:

Hold dear to your parents for it is a scary and confusing world without them.

When they pass away, grief is further complicated by the probate process.

Often, children don’t understand what they’re entitled to.

And when selling probate property, deep rifts between siblings can appear.

Inheritance scenarios

If there is a will with a sole beneficiary

In most cases, the deceased’s will dictates how they want their assets distributed.

(Assuming they have not already transferred home ownership to family whilst alive.)

In this case, there might be a single beneficiary. If so, inheriting a home is straightforward.

If there is no valid will

When there is no will, the property is shared according to specific rules and guidelines.

These are therules of intestacy.They prioritise beneficiaries in the following order:

Spouse or civil partner
Children or grandchildren
Parents.

It’s important to note that the courts don’t consider age, relationships, or estrangement. All children of the deceased will receive an equal share of the property.

If there is a will with joint beneficiaries

If you and your siblings are joint beneficiaries, you must agree how to move forward.

Disagreements can arise in some cases. Sometimes, these lead to lengthy, complicated, and expensive legal proceedings.

Trying to reach a mutual agreement with your siblings first will save you time, money, and stress in the long run.

Rules on properties

Regardless of the will scenario, there are rules around probate property, including:

It must be valued for probate
Nothing can be removed from it during probate
No one can live in it (unless the executor with grant of probate allows it)
The probate process is complete (this can take between 6 – 12 months on average).

Options for siblings who jointly inherit property

1. Keep the property

Depending on each situation, it might be more favourable to do one of the following:

Keep the property and either live in it
Rent it out to tenants
Use the property on a timeshare basis

2. Sell the property

Selling is often the most straightforward option. Siblings can then split the profit equally.

Selling also helps if siblings can’t afford the probate property’s mortgage.

3. Buy each other out

If one sibling wants to live in the property, they can buy the others out. Or they could allow the other siblings to recoup a share of the profit once the property is sold.

(Beneficiaries of wills can live in properties during probate under certain conditions).

Alternatively, one sibling can buy the others out and either rent the property out or keep it as a second home.

4. Force a sale

Deciding how to proceed with an inherited property is often complicated.

Sometimes, a sibling already lives in the property and refuses to move out.

Sometimes, one sibling wants to sell, and the other doesn’t. When siblings cannot agree, the sibling who wants to sell the property can ask the will’s executors to force a sale in court.

This gets done under the Trusts of Land and Appointment of Trustees Act 1996.

Unique cases

Adopted children

Questions often arise when adopted children or step-siblings are involved.

Adopted and biological children have the same rights under the rules of intestacy.

Step and foster children

Stepchildren and foster children are not recognised under the rules of intestacy. So, if they are not in the will, they have no legal claim to the property.

This might not stop them from taking legal action to secure their stake in the assets.