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 time-consuming admin surrounding their assets and belongings.

And often, children don’t understand what they’re entitled to. Unfortunately, this can contribute to deep family rifts.

In this guide, we’ll explore the inheritance rights of siblings following a parent’s death in the UK.

UK sibling inheritance laws explained

In most cases, the deceased will have dictated how they want their property and assets to be shared in a Will.

(This is, of course, assuming they have not already transferred ownership of their house to a family member whilst still alive).

If there is no valid Will

For many reasons, a person can die without leaving a valid Will.

In this case, the property is shared according to specific rules and guidelines.

These are referred to as the rules 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.

If there is no Will and no claim

In the absence of a claim being brought under the Inheritance (Provision for Family and Dependents) Act 1975, the estate will be dealt with under the Intestacy Rules.

All children of the deceased will receive an equal portion of the property.

If there is a Will with joint beneficiaries

If you and your siblings have been named joint beneficiaries of your parents’ property, you must collectively decide 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.

Three considerations for children 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

Though it means losing a home and its sentimental value, selling is often considered the most straightforward option. Siblings can then split the profit equally.

Selling also helps if the property has an outstanding mortgage that siblings can’t afford to share or take out a second one.

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.

More often than not, deciding how to proceed with an inherited property can be incredibly 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

Family life doesn’t always look the same, and questions often arise when adopted children or step-siblings are involved.

As is the case with biological children, adopted children have access to the same rights under the Rules of Intestacy.

As long as you’re legally or biologically a child of the deceased, you have a legal stake in the property.

Step and foster children

Stepchildren and foster children are not recognised under the Rules of Intestacy. This can lead to complications when divvying up an estate.

If step or foster children have been left out of the Will, they have no legal claim to the property.

If you’re a biological child with a step-sibling, you technically have a legal right to the property over them. This might not stop them from taking legal action to secure their stake in the assets.

Some biological siblings still recognise their step/siblings as part of the family and may take it upon themselves to include them when deciding how to proceed with their inherited property.

Children under 18 years old

If some (or all) children inheriting their parent’s property are under 18, the same rules and options apply. However, the beneficiaries will get access to the funds from the sold property when they turn 18.

Younger siblings might be happy to let their older siblings take the lead on what to do with the property. But that doesn’t change the fact that they have an equal stake in whatever money is made from the result.

Costs for the beneficiaries

Mortgages pass onto beneficiaries when they inherit a property.

And inherited properties are often liable for capital gains tax unless they are the inhabitant’s (/inhabitants’) primary residence.

Summary

Understanding the inheritance rights of siblings following a parent’s death is always complicated.

Even if the Will dictates an equal split, selling the house as fast as possible is rarely straightforward.

Whatever your situation, you’ll want to ensure you’re working with a great solicitor who understands the complications (and emotions) involved in dividing property.

This can help you get the best possible outcome without severing ties with your siblings.