My grandmother is muscling in on property our mother left us

My mother died when my two siblings and I were kids. In her will she left property to us with my grandfather in charge of it until we were of age. My grandmother is interfering because I moved in and I don’t get along with one of my siblings who has antisocial problems and lives elsewhere. My grandmother has talked that sibling into giving her their share of the property. I just want to buy my sibling out. My other sibling is still a minor.

My grandmother also put a building, a shed, on the property and now wants it back. Do I have to let her get it? I’m willing to let her have her stuff in it, but a lot of stuff in there was my mum’s. My grandmother didn’t feature in the will – she and my grandfather are divorced for 40 years and were not together when my mum passed away.

It is difficult to answer your query without asking several other questions. I need to make a lot of assumptions in dealing with the points raised. I take it that there are only three of you in the family. You do not mention your father, so I presume he passed away before your mother.

When the beneficiaries in a will are minors (under 18 years), it is usual  practice that the will incorporates a trust whereby at least two people are appointed trustees to hold the property for the beneficiaries until they reach a certain age, be it 18, 21 or perhaps until they reach a certain point in life, for example complete full-time education.

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If there are items in the shed belonging to your late mother, then, unless the will has stated otherwise, these items should cannot be removed by your grandmother

In this case it seems your grandfather is a trustee; it is not clear if there are other trustees or how many there are. The trustees are obliged to preserve the trust property for the beneficiaries. There is nothing to stop the beneficiaries, when the trust property is at the point of being distributed (ie at the end of the trust), from reaching an arrangement between themselves as to the distribution of the property.

As you say, you could, by agreement, buy your siblings out of their shares of the house – not just the one sibling you refer to – and for that purpose you will need valuation(s) at the time the trust property is being distributed.

It is not clear how your sibling’s share in the trust could be transferred to your grandmother by the trustees while the trust is still in existence (ie your brother is a minor).

You say that your grandmother has put a shed on the property – presumably the trustee(s) permitted her to do this. If there are items in the shed belonging to your late mother, then, unless the will has stated otherwise, these items should also form part of the trust property and cannot be removed by your grandmother.

Here I am presuming that everything your late mother owned was left in trust for all three of you. Your grandfather, acting as trustee, should seek to secure your late mother’s items from the shed for you and your siblings so that your grandmother can remove the shed.

This is really only skimming over the major points raised. It is vitally important that you seek expert professional advice from your own solicitor before you proceed. In instructing your solicitor, you must give full and detailed instructions so that you can be properly advised.

[ P & G Stack Solicitors ]