Estranged sister-in-law will inherit quarter share of a house - can we sell it without her permission?

Can you provide advice about a complex situation that has arisen involving my partner, his late brother and his wife.

Half of the property owned by one of their parents was left in trust to the two sons. 

When my partner's brother passed away, his wife would not engage and has cut off all contact since.

The remaining half of the property is owned by my partner's mother who is still alive.

When she passes her share will pass to her remaining son, my partner.

However, it is unclear what we are expected to do about the remaining quarter share, as I assume my partner's late brother's wife would automatically be entitled to his share, as no clause in my partner's father's will was made that allowed any share to revert back to the remaining brother if either died.

We have also received conflicting advice about what we would need to do before being able to sell the property, so it would be helpful if you could please confirm if my partner's brother's wife would need to provide consent before this could be sold.

Obviously that would present a problem as we have ceased contact.

Property inheritance: Does estranged sister-in-law need to be consulted about a sale (Stock image)

Tanya Jefferies, of This is Money, replies: This is such a tricky situation that if you and your partner have not already consulted a lawyer then you should do so.

We asked a solicitor who is experienced in cases like this to answer your question based on the information you provided, and as you will see it is impossible to say without going through your father's will in detail whether your partner's sister-in-law stands to inherit a quarter share of the house.

She explains below what will need to be checked and resolved before the house can be sold.

The sister-in-law's refusal to talk to the family complicates matters further, but communications with her can be conducted through your lawyer if necessary.

If you do not yet have a solicitor, the Law Society has a useful search tool so you can find a suitable firm in your area.

Davina Charlton, a senior associate in the private client team at Smith Partnership, replies: This is understandably a confusing situation, particularly when you have received conflicting advice and communication within the family has broken down.

It sounds as though your partner's father used his will to protect his half of the property while allowing his wife to continue living there.

Arrangements of this kind are quite common. They can preserve the deceased person's share for their chosen beneficiaries while giving the surviving spouse the right to remain in the property during their lifetime.

Who inherits the quarter share?

Davina Charlton:  The lack of contact does not automatically make a sale impossible, but it could make the administration more complicated

The first and most important step is to have the exact wording of the father's will reviewed.

This will determine what happened to your partner's brother's intended quarter share when he died. 

If the will gave the two sons an unconditional entitlement to the father's half of the property, the brother may have had what lawyers call a 'vested interest'.

This means his entitlement had already been established, even though he could not take possession of it while his mother remained living in the property.

In that case, his quarter share would usually pass into his own estate when he died. It would then be distributed according to his will or, if he did not leave one, the intestacy rules.

His wife may inherit some or all of his estate, but she would not necessarily become entitled to the share simply because she was his wife.

His will, as well as family circumstances and the value of his wider estate, would be relevant.

Alternatively, the father's will may have made each son's inheritance conditional upon him remaining alive until the trust period ended, usually when their mother died.

This is known as a 'contingent interest'. If the brother died before satisfying that condition, his intended share may instead pass under another provision in the father's will.

The absence of an obvious clause saying that the share should pass to the surviving brother does not settle the matter. The entire will must be read carefully, including any substitution or default provisions.

What needs to happen before the property is sold?

You should also establish who the executors and trustees of the father's will are.

Executors administer someone's estate after their death, while trustees look after assets placed in trust. The same people often perform both roles.

The trustees are responsible for protecting the father's share of the property on behalf of the beneficiaries.

This includes ensuring that the property is appropriately insured and maintained and, when it is eventually sold, taking reasonable steps to achieve the best available price.

The property is likely to be held as 'tenants in common'. This means the owners have separate shares that can pass under their respective wills, rather than the whole property automatically belonging to the surviving owner.

A restriction will usually appear on the Land Registry title to reflect this.

Before any future sale, the family should check the title register, confirm who the current legal owners and trustees are and establish whether a grant of probate was obtained for the father's estate.

If only one legal owner or trustee is able to act, another trustee may need to be appointed so that the property can be sold and the restriction dealt with correctly.

The trust's registration position should also be checked. A trust created by a will needs to be registered with HMRC's Trust Registration Service 'TRS' and there is a period of up to two years after the death to do this.

Will the brother's wife need to consent?

Whether the brother's wife needs to consent to a sale depends on her legal role. 

If she is simply someone who may ultimately inherit through her husband's estate, her personal signature may not be required.

However, if she is an executor or administrator of his estate, a trustee, a registered owner or otherwise holds an interest that must be dealt with, her involvement, or that of the brother's other personal representatives, may be necessary.

The lack of contact does not automatically make a sale impossible but it could make the administration more complicated.

Your partner should take the father's will, the brother's will and grant of probate, if there are any, and an up-to-date copy of the property's title register to a solicitor.

Once those documents have been reviewed together, the solicitor should be able to confirm who owns the disputed share and who must act in any sale.

The solicitor can write to your partner's sister-in-law if she refuses to speak directly to you. 

If she already has her own solicitor or decides to instruct one, the two of them can communicate formally to resolve this, at arm's length from the family members.