My sibling is delaying the sale of our inherited house. What can I do?

When one beneficiary is living in an inherited property and does not want to sell, it can leave the rest of the family in a difficult position. If debts and ongoing property costs are building at the same time, finding a way forward can become increasingly important.

Selling a parent’s home after they have died can be difficult enough without a disagreement between family members.

It is not unusual for siblings to have different views about what should happen to an inherited property. One may want to sell, while another believes the property is worth more and wants to wait. In other cases, one beneficiary may already be living in the property and may be reluctant to leave.

There can be understandable reasons behind this. A family home may hold decades of memories, and the person living there may have a very different relationship with the property from their siblings.

The difficulty comes when a temporary disagreement becomes an open-ended delay.

While the family is deciding what to do, the property still needs to be insured, maintained and looked after. Council tax and other bills may continue, and if there is a mortgage or equity release loan secured against the property, interest may also be building.

Over time, those costs can reduce the value that is eventually left to the beneficiaries.

Start by establishing where the property stands legally

Before deciding how to deal with a sibling who does not want to sell, it is important to establish who currently has legal responsibility for the property.

The key questions are whether probate has been granted, who the executors are and whether the property is still held within the estate or has already been transferred to the beneficiaries.

This distinction is important because it affects what can happen next.

If the property remains part of the estate, the executors are responsible for administering it. If ownership has already been transferred to the beneficiaries, they may instead be dealing with a disagreement between co-owners.

Understanding which situation applies should be the starting point before anyone considers more formal action.

What if the sibling living in the property is not an executor?

If the sibling occupying the property is not an executor, it is worth speaking to the executors and establishing why the property has not yet been dealt with.

There may be a legitimate reason for the delay. The estate could still be waiting for probate, dealing with tax matters or resolving another issue that prevents the property from being transferred or sold.

If there is nothing preventing the administration from progressing, the executors should be able to explain what is happening with the property and what needs to happen next.

This can also help separate two issues that may otherwise become confused: the administration of the estate and the sibling’s desire to continue living in the house.

What if the sibling is also an executor?

The situation can be more complicated when the person who does not want to sell is also responsible for administering the estate.

An executor has responsibilities that are separate from their position as a beneficiary. Their own preference about what should happen to the property should not prevent the estate from being administered properly.

This becomes particularly important when an executor is living in the property and personally benefits from a delay.

That does not automatically mean they are doing anything wrong. Probate and estate administration can take time, and there may be genuine reasons why a property cannot yet be sold.

However, if an executor appears to be unnecessarily delaying or obstructing the administration of an estate, the other beneficiaries should consider taking independent legal advice.

In more serious circumstances, it is possible to ask the court to remove or replace an executor under section 50 of the Administration of Justice Act 1985. This is a significant legal step rather than a first response to a family disagreement, and professional advice should be taken before considering it.

What if the property has already been transferred to both siblings?

Once an inherited property has been transferred into the beneficiaries’ names, the position changes because they are now co-owners.

Ideally, the family will be able to reach an agreement about what happens next.

One option may be to sell the property and divide the proceeds according to each person’s share. Another may be for the sibling who wants to remain in the property to buy the other beneficiary’s share, provided they are financially able to do so.

If the disagreement is about price rather than whether the property should be sold at all, obtaining an independent valuation can help. Agreeing in advance how the property will be valued and how long it will be marketed can also prevent the same disagreement continuing indefinitely.

Where co-owners cannot reach an agreement, it may be possible to apply to the court under the Trusts of Land and Appointment of Trustees Act 1996, often referred to as TOLATA. The court has powers to determine how jointly owned property should be dealt with, which can include making an order for sale.

Court proceedings can be costly and time-consuming, so they will rarely be the preferred starting point. Where possible, reaching an agreement before matters get to this stage is likely to be better for everyone involved.

Can a sibling continue living in the property without paying rent?

This is often one of the more difficult parts of an inheritance dispute.

If one beneficiary is living in the property while another has an equal financial interest in it, questions may arise about whether the person occupying the home should contribute financially.

In some circumstances, an occupation rent may be relevant. This is essentially a payment that can be considered where one co-owner has the benefit of occupying a jointly owned property while another is excluded from that benefit.

It should not be assumed that occupation rent will automatically be payable. The legal ownership of the property, the circumstances of the occupation and any arrangements already made between the parties can all be relevant.

If one beneficiary has been living in an inherited property rent-free for an extended period while preventing or delaying a sale, this is something worth discussing with a solicitor.

The same applies to the property’s running costs. Families should be clear about who is paying for insurance, council tax, utilities, maintenance and other expenses while the situation remains unresolved.

Be particularly careful when interest is building

A disagreement over the value of a property can easily become focused on achieving the highest possible sale price.

That is understandable, but the asking price is not the only number that matters.

If there is a mortgage, equity release loan or another debt secured against the property, interest may continue to accumulate while the family waits.

A higher eventual selling price does not necessarily mean the estate will receive more money if a significant amount has been lost to interest and other costs in the meantime.

For example, waiting another year for a better offer may look sensible when considering the sale price alone. It may look very different once the additional interest, council tax, insurance, maintenance and other costs of keeping the property for that year are included.

The family should therefore consider the likely net amount left to the estate, rather than focusing solely on the price they hope the property might achieve.

This does not mean accepting an unnecessarily low offer. It means making the decision with a realistic understanding of what waiting is costing.

Can the sibling be made to pay for the additional interest caused by the delay?

This is not necessarily straightforward.

If one beneficiary believes another has delayed the sale and caused additional interest to accumulate, it can feel reasonable to expect that person to cover the additional cost.

Whether those costs can actually be recovered will depend on the circumstances and the legal position of the people involved. It should not be assumed that additional mortgage or equity release interest can simply be deducted from one beneficiary’s inheritance.

Where there is evidence of deliberate obstruction or a failure by an executor to carry out their responsibilities properly, legal advice should be taken on what remedies may be available.

If formal legal proceedings become necessary, the question of who should ultimately bear the legal costs may also arise. Again, this will depend on the circumstances and should be discussed with a solicitor rather than treated as an automatic consequence.

Keep a clear record of what has happened

When a disagreement continues for months, it becomes surprisingly easy for family members to remember events differently.

Executors and beneficiaries should keep copies of relevant valuations, estate agent correspondence, viewing figures, offers and changes to the asking price. Statements showing mortgage or equity release balances and significant property expenses should also be retained.

It can also be useful to keep relevant emails, letters and messages showing discussions about the sale and any attempts that have been made to move matters forward.

Hopefully, these records will never be needed for anything more than keeping the estate organised.

If professional or legal intervention eventually becomes necessary, however, having a clear chronology of what happened can be extremely useful.

Does it matter if the sibling owns another property?

A sibling owning another home, whether in the UK or abroad, does not by itself determine their rights in relation to the inherited property.

The more important questions are who currently owns the inherited home, whether it remains within the estate and what responsibilities the executors and beneficiaries have.

However, the wider circumstances may still be relevant when trying to understand why someone believes they should be able to remain in the property.

Unless the will or another legal arrangement gives someone a specific right to live there, it should not simply be assumed that a beneficiary can remain in an inherited property indefinitely because they have been living there for some time.

Try to move the discussion towards a clear decision

Family disagreements about inherited property can become personal very quickly, particularly when one sibling has lived in the home or cared for the parent who owned it.

That history should not be dismissed. It may explain why different family members have very different views about what should happen.

At the same time, the estate still needs to be dealt with.

A useful way to move the conversation forward is to put the practical information in front of everyone involved. Establish the property’s current value, the outstanding debts, the monthly costs and what would happen financially if the property remained unsold for another six or twelve months.

From there, the family can consider whether the property should be sold, whether one beneficiary can buy another’s share or whether another arrangement is realistic.

If agreement cannot be reached, getting legal advice sooner can prevent an already difficult situation from becoming more expensive.

When an inherited property becomes stuck

There is rarely one simple solution when siblings disagree about an inherited home.

Much depends on where the property sits within the estate, who the executors are, whether ownership has already been transferred and why the sale is being delayed.

What matters is that the situation does not continue indefinitely simply because nobody knows what to do next.

At Augusta Probate, we work with families dealing with inherited properties that are not always straightforward. We can help you understand the property, what it may realistically be worth and what a sale could look like if selling becomes the right option for your family.

This article is for general information only and does not constitute legal advice.