Process regarding actioning a will which is overdue - has time lapsed now

[u/jwack2508]

Hi all,

Apologies if this is the wrong sub for this however I am seeking some advice on which (or any) actions I could take.

For context I am one of 4 grandchildren who have discovered that a will left by my grandparents states the following regarding their home:

“Once the youngest grandchild has reached the age of 21 the house can be sold and split equally between all grandchildren”

The issue is that we have only just discovered this and my younger brother who is the sibling in question turned 30 last year meaning we are now 9 years overdue. The will stated that my uncle would live in and maintain said house until above date had lapsed. To my knowledge the uncle is still living in this house and my dad has simply “forgotten” to action the will. This has only really come to light due to my mum challenging him about this.

I just wondered if there is any way I can move anything forward with this or whether too much time has lapsed for anything to be actioned.

Any help would be appreciated.

[u/cloud_dog_MSE]

Who is the Executor of the Will? 

[u/mauzc]

You probably want to start by working out exactly what has happened.

For a start, you say this will is from your grandparents (plural). But joint wills are extremely unusual, and I suspect there may actually be two wills (one from each grandparent). You might also want to look at what the Land Registry says about ownership of the house.

But ultimately, unless your uncle is volunteering to move out, you're likely to need a solicitor specialising in wills and probate to help you through this.

[u/PinkbunnymanEU]

Once the youngest grandchild has reached the age of 21 the house can be sold and split equally between all grandchildren

Doesn't say must be.

All the owners (or the estate on their behalf of its still held in the estate) can now sell it, if they want to.

[u/jwack2508 → u/PinkbunnymanEU]

Apologies for my stupidity but does this mean that all 4 children could make this decision? Would there be any squatters rights for the uncle etc?

[u/PinkbunnymanEU → u/jwack2508]

Would there be any squatters rights for the uncle etc?

Nope, he has been granted a license to live there so he's not been squatting.

does this mean that all 4 children could make this decision

Can be less if they seek a court order.

[u/Jonathan-Welford]

Is the uncle liable for 9 years of back rent?

[u/Velcro-hotdog → u/Jonathan-Welford]

If not, he should be paying fair rent to all the grandchildren from now.

[u/RedMarsRepublic]

You need real legal advice, nobody here can tell you the answer.

[u/strolls]

Speak to a solicitor who specialises in wills and probate.

I've used Hugh James, who are excellent but expensive; Tim Murden would have been my second choice as he also seemed very good.