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QC, Solicitor
Category: UK Law
Satisfied Customers: 879
Experience:  8 yrs pqe, TEP, CPD Trainer in Inheritance Tax Planning
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my father has left a holiday house in his will to his 5 children.

Customer Question

my father has left a holiday house in his will to his 5 children. 2 want to keep the house, 2 want to sell it - and the other doesnt mind either way. The 2 who want to keep the house tell me they have no intention of buing the others out. I want to sell. What are my rights. The house is in Ireland. My father lives in England. 3 of his children live in Irelan including myself the other 2 in England. The executor of my father's will is my brother who wants to keep the house.
Submitted: 7 years ago.
Category: UK Law
Expert:  QC replied 7 years ago.

Dear Georgia


It is quite simple really, those who want to keep the house either buy you out, or raise finance to buy you out, or the house is sold. If they do not accept that, then you need to apply to Court for an order for sale which you should get.




Customer: replied 7 years ago.

Thank you for that. If my father has stated in his will that the house is not to be sold but is to stay in the family - how much weight does this hold. We benificiaries have 14 children between us and this would cause mayhem to that generation.


Also if just say only one of us wanted to sell our share and the others did not. Would that be a problem for the one who wanted to sell their share if it went to court.

Is the law the same in Ireland - given that this property is in Ireland.


many thanks for your help

Expert:  QC replied 7 years ago.

Dear Georgia


It really depends on the exact wording, but it is unlikely to be that rigid. Further, even one beneficiary can force a sale.


Finally, I cannot imagine the law is much different in Ireland, but cannot confirm that. You would need an Irish lawyer.





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