Inheriting Property: How a Lawyer-Drafted Will Prevents Disputes
- MDW Solicitors
- 10 minutes ago
- 3 min read
When a parent leaves a home to multiple children, particularly in unequal shares, it can lead to more conflict than comfort. One sibling may want to continue living in the property. Another may wish to sell quickly, while a third might just want their share in cash. With differing priorities, emotions can run high, and disputes can erupt fast. What starts as a generous legacy often turns into a courtroom battleground if there’s no legal clarity.
At MDW Solicitors, we frequently support families in need of inheritance advice in Gerrards Cross and beyond. In this blog, we’ll explain what really happens when siblings inherit a property together, explore your legal rights under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), and share practical tips on how to prevent these problems in the first place. Most importantly, we’ll show you why a clearly drafted will can make all the difference.
Book an initial consultation. Call Us On 01753 390500 or 07394 774348
What Happens When You Inherit a House with Siblings?
If a property is left to children in shares like 50%, 25%, and 25%, you each become a tenant in common. This means you own a specific share of the whole house, not a particular room or floor.
The tricky part is that every major decision, such as selling, living in, or renting out the house, requires everyone’s agreement. If just one sibling disagrees or refuses to cooperate, it can delay everything.
These situations often lead to frustration, especially if:
One sibling wants to live in the property
Another wants to sell and move on
Someone stops contributing to bills or upkeep
Without a clear direction in the will, this kind of deadlock can result in legal action. That’s why planning ahead is so important.
The Most Common Inheritance Disputes
Through our years of experience, we’ve seen a pattern of challenges crop up when siblings inherit property together:
One sibling lives in the house and refuses to sell
Disputes over what the property is worth (and who should pay for valuations)
Arguments over who’s responsible for maintenance and bills
Delays in settling the estate while emotions run high
These aren’t just frustrating: they can cause long-lasting rifts in families already dealing with grief.
What Are Your Legal Rights?
Understanding The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) → provides a legal remedy when co-owners of a property cannot agree. It allows any one of them to apply to court for an order to sell the property, ensuring that one person can’t indefinitely block a resolution.
In deciding whether to force a sale, the court considers:
The original intentions of the person who left the property
The best interests of all co-owners
Whether anyone vulnerable lives in the home
If the court agrees that a sale is fair and reasonable, it can order the property to be sold and even allow one party to manage the process.
The Power of a Well-Drafted Will
So, how do you prevent this from happening in the first place? It starts with clarity.
A properly drafted will should answer:
Should the property be sold straight away?
Can one sibling buy out the others, and if so, how is the price set?
Who decides if there’s a disagreement?
Without these answers, you leave your children in a difficult position. But with a solicitor’s guidance, your will can include clear instructions and reduce the risk of arguments or legal action later.
Planning Ahead – Our Advice to Parents
If you’re planning to leave your home to more than one child, consider the following:
Be specific about your intentions in your will
Talk to a solicitor about creating a trust or giving one child a life interest
Provide a clear plan for what should happen to the property
Choose an impartial executor to handle any disputes
Why Work with MDW Solicitors?
At MDW Solicitors, we provide personal, expert advice. Debra Williamson TEP, our principal solicitor, manages every case herself. Led by a qualified lawyer with over 30 years’ experience, we deliver guidance you can trust.
STEP-qualified legal advice
Transparent, fixed-fee services
Home visits available for solicitor advice in Gerrards Cross and beyond
Let Us Help You Protect Your Legacy
A clearly written will prevents confusion, delays, and disputes. Contact MDW Solicitors to draft a will that protects your legacy and provides peace of mind for your family.
Book your initial consultation.
Phone: 01753 390500 or 07394 774348
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