When a parent or another close family member dies, disagreements between siblings can quickly arise over an inherited house, investment property or other real estate. One sibling may want to sell the property, while another may want to keep it. Someone may believe they are entitled to a larger share, or there may be concerns about how the executor is managing the estate.
In Western Australia, these disagreements can become complicated because the legal position depends on factors such as the deceased person’s Will, how the property was owned, the beneficiaries’ entitlements, outstanding debts and whether someone is making a formal claim against the estate.
Understanding the legal process early can help siblings avoid unnecessary conflict and make informed decisions. If the dispute cannot be resolved privately, a real estate litigation lawyers in perth may be able to assist with negotiations, mediation or court proceedings.
Why Do Siblings Disagree Over Inherited Property?
Inherited property can have significant financial and emotional value. A family home may represent years of memories, while an investment property may be one of the most valuable assets in the deceased person’s estate.
Common reasons siblings disagree include:
- One sibling wants to sell the property while another wants to keep it.
- Siblings disagree about the property’s value.
- One beneficiary believes another has received an unfair share.
- There is uncertainty about the terms of the Will.
- The siblings disagree about whether the property should be transferred or sold.
- One sibling believes the executor is not administering the estate properly.
- There are questions about ownership of the property.
- A sibling believes they should receive a larger share of the estate.
- There are concerns about debts, expenses or property maintenance.
- Family members disagree about whether a Will is valid.
These matters can lead to real estate litigation or broader estate litigation if the parties cannot reach an agreement.
Does the Will Determine Who Gets the Property?
Generally, the Will is an important starting point when determining how an estate should be distributed. The executor is responsible for administering the estate and carrying out the deceased person’s instructions, subject to applicable law.
However, simply being named as a beneficiary does not necessarily mean that a beneficiary can immediately take possession of a particular property.
The estate may first need to be administered, including identifying assets and liabilities, dealing with debts and obtaining any required grant from the Supreme Court of Western Australia. Executors may also have responsibilities involving the sale or transfer of real estate.
This is why siblings should avoid assuming that an inherited property automatically belongs to one family member simply because that person believes the deceased wanted them to have it.
What If the Property Was Jointly Owned?
One of the first questions in an inherited property dispute is how the property was legally owned before the deceased died.
Jointly owned property can be treated differently from property owned solely by the deceased or as tenants in common.
For example, where real estate was held as a joint tenancy, the deceased person’s interest may pass to the surviving joint tenant rather than becoming part of the estate. The Supreme Court of Western Australia notes that where a deceased person owned real estate as a joint tenant with another person, the title may be transferred to the surviving party without a grant of probate being required.
By contrast, property owned as tenants in common can form part of the deceased person’s estate and may need to be dealt with through the estate administration process.
This distinction can become particularly important when siblings believe they should inherit a property but another person was registered as a joint owner.
If ownership is disputed, obtaining legal advice before attempting to transfer or sell the property can help clarify the position.
What Happens If One Sibling Wants to Sell the House?
A common situation is that one sibling wants to sell an inherited property while another wants to keep it.
The answer depends on the stage of estate administration, the terms of the Will, the ownership structure and the legal interests of the beneficiaries.
An executor or administrator has responsibilities in relation to estate assets. Under the Administration Act 1903 (WA), real and personal estate can be used for the proper administration of the deceased estate, including payment of debts and other liabilities. The legislation also provides circumstances in which an executor or administrator can sell or lease real estate for administration purposes.
However, beneficiaries should not assume that every disagreement can be resolved simply by putting the property on the market.
Where beneficiaries have competing interests, professional advice can help determine:
- Who currently has legal authority to deal with the property.
- Whether the property should be sold.
- Whether it can be transferred to one beneficiary.
- How the property’s value should be assessed.
- How sale proceeds should be distributed.
- Whether a dispute needs to be resolved before the transaction proceeds.
Can One Sibling Keep the Inherited Property?
Sometimes siblings can agree that one person will receive the family property while another receives cash or other assets of equivalent value.
For example, suppose three siblings are entitled to shares in an estate containing a house and investment assets. They may agree that one sibling keeps the house while the other siblings receive other assets or an agreed monetary amount.
This can be preferable to selling a family home if everyone is satisfied with the arrangement.
However, the legal and tax consequences of transferring estate property can vary depending on the circumstances. Western Australian government guidance notes that transfers of deceased estate property can have different duty treatment depending on whether the transfer is in accordance with the Will, intestacy laws or another arrangement.
For that reason, siblings should obtain appropriate legal and financial advice before signing an agreement or transferring an inherited property.
What If Siblings Disagree About the Value of the Property?
Property valuation can become another major source of conflict.
One sibling may believe the property is worth $1 million, while another believes it is worth substantially less. If one sibling wants to retain the property in exchange for paying the others, the valuation can directly affect how much each person receives.
An independent professional valuation may help establish a more objective figure.
Depending on the circumstances, the parties may also need to consider:
- Current market value.
- Outstanding mortgage or other secured debt.
- Rates and property expenses.
- Repairs and maintenance.
- Selling costs.
- Agent’s commission.
- Potential tax implications.
- The value of other estate assets.
A properly documented valuation can sometimes prevent a disagreement from escalating into formal property litigation lawyers may become involved when negotiations fail or the legal ownership and entitlement to the property are genuinely disputed.
What If One Sibling Is Living in the Family Home?
Another difficult situation occurs when one sibling continues living in the deceased person’s home after their death.
The sibling living there may believe they should be allowed to remain because they cared for the parent or lived in the property for many years. Other beneficiaries may believe the property should be sold so that everyone receives their entitlement.
There is no universal rule that allows one beneficiary to remain in an inherited property simply because they previously lived there.
The rights of the parties depend on the Will, ownership arrangements, estate administration and other relevant circumstances.
If the siblings cannot agree, legal advice should be obtained before anyone attempts to remove another person, sell the property or change the property’s possession arrangements.
Can a Sibling Challenge the Distribution of the Estate?
A sibling may be unhappy with the amount they are receiving, but dissatisfaction alone does not automatically give them a right to change the distribution.
In Western Australia, certain eligible people may be able to make a claim under the Family Provision Act 1972 (WA) if the Court considers that the deceased’s Will or the intestacy distribution does not make adequate provision for their proper maintenance, support, education or advancement in life.
However, not every family member automatically qualifies, and there are legal requirements and time limits that can apply.
A person should therefore obtain advice promptly if they believe they have grounds to challenge the distribution of an estate.
What If There Is No Will?
If the deceased died without a valid Will, they are generally described as having died intestate.
In this situation, the estate is distributed according to the applicable intestacy legislation rather than according to personal instructions contained in a Will. The Administration Act 1903 (WA) provides the statutory framework governing inheritance and administration of intestate estates.
If there is no valid Will, a person may need to apply for Letters of Administration before they can formally administer the estate. The Public Trustee explains that Letters of Administration may be granted when a person dies intestate and the Court agrees that an appropriate person or organisation should administer the estate.
This can create additional complications when siblings disagree about who should administer the estate.
What If Siblings Disagree With the Executor?
The executor or administrator has important responsibilities when dealing with estate property.
An executor may need to:
- Identify and secure estate assets.
- Obtain valuations.
- Deal with debts and liabilities.
- Obtain the required grant.
- Maintain or insure property.
- Sell or transfer estate assets where appropriate.
- Keep appropriate records.
- Distribute the estate according to the applicable legal requirements.
Legal Aid WA explains that an executor has responsibilities to manage estate property, obtain authority where required, pay debts and distribute assets according to the Will.
If a beneficiary believes an executor is failing to perform their duties, the issue should not simply be ignored.
Depending on the circumstances, estate litigation lawyers may assist with identifying the problem and determining what legal options may be available.
Can Siblings Resolve an Inherited Property Dispute Without Going to Court?
Yes. Going to court is not necessarily the first step in every inheritance or property dispute.
Many disagreements can potentially be addressed through:
- Direct negotiation – The siblings discuss the issue and attempt to reach an agreement.
- Legal correspondence – Lawyers can clarify each party’s position and propose solutions.
- Mediation – An independent mediator helps the parties explore settlement options.
- Settlement agreements – Once an agreement is reached, the parties can document the agreed terms.
- Court proceedings – If the dispute cannot be resolved, litigation may become necessary.
The goal should generally be to resolve the disagreement as efficiently as possible while protecting each person’s legal interests.
The current real estate litigation service page also identifies negotiation, mediation, settlement conferences and court proceedings as possible approaches to property disputes.
When Should You Speak to a Real Estate Litigation Lawyer?
It is generally sensible to seek legal advice early when siblings are already unable to agree about an inherited property.
A real estate litigation lawyer may be able to assist where there are disputes involving:
- Property ownership.
- Joint tenancy.
- Sale of inherited property.
- Property valuation.
- Estate administration.
- Beneficiary entitlements.
- Executor conduct.
- Trusts and trustees.
- Property transfers.
- Caveats or title issues.
- Contractual disputes.
- Claims against an estate.
Early advice can help you understand your legal position before you sign documents, transfer property or take action that may be difficult to reverse.
How Can Property Litigation Lawyers Help?
Property litigation lawyers can assist with disputes involving the legal ownership, use, transfer or sale of property.
When an inherited property is involved, the matter may overlap with estate law. This means the dispute may require consideration of both property rights and deceased estate principles.
A lawyer may help by:
- Reviewing the Will and estate documents.
- Examining property ownership records.
- Identifying the parties’ legal interests.
- Reviewing correspondence and agreements.
- Advising on possible claims or defences.
- Negotiating with other beneficiaries.
- Assisting with mediation.
- Preparing settlement documentation.
- Representing a client if court proceedings become necessary.
The exact role depends on the facts of the dispute.
How to Choose Estate Litigation Lawyers in Perth
Choosing the right legal professional is important when a dispute involves both family relationships and valuable property.
When comparing litigation lawyers Perth, consider whether the lawyer has experience with:
- Deceased estate disputes.
- Property ownership disputes.
- Will and inheritance disputes.
- Joint tenancy issues.
- Estate administration.
- Beneficiary disputes.
- Negotiation and mediation.
- Supreme Court proceedings where required.
You should also consider whether the lawyer explains the available options clearly and provides advice that is specific to your circumstances.
If you Need Estate Planning Lawyers Perth WA, it is worth discussing your circumstances before the disagreement becomes more serious.
Why Consider Estate Planning Lawyers Perth WA?
A dispute involving an inherited property is rarely just about bricks and mortar. It can involve family relationships, financial interests, estate administration and the intentions of the deceased.
Estate Planning Lawyers Perth WA provides legal services relating to estate planning and estate disputes, including real estate litigation. The firm’s current service information identifies matters such as Will challenges, joint tenancy disputes, trust disputes, trustee disputes and other estate-related litigation.
If you are considering the Best Estate Planning Lawyers Perth WA, look beyond marketing claims and focus on whether the legal team has relevant experience with the type of dispute you are facing.
If appropriate, you may decide to Hire Estate Planning Lawyers Perth to assess the circumstances and explain your available options.
For people searching for Lawyers for Estate Planning in Perth, early legal guidance can be particularly useful when siblings are already disagreeing about an inherited property.
Frequently Asked Questions
Can siblings disagree over an inherited property in WA?
Yes. Siblings can disagree about whether an inherited property should be sold, transferred, retained by one beneficiary or dealt with in another way. The appropriate solution depends on the Will, ownership structure, estate administration and each person’s legal interests.
Can one sibling force the sale of an inherited house?
Not automatically. Whether a property can or should be sold depends on the circumstances, including the Will, ownership structure, estate administration and the authority of the executor or administrator. Legal advice should be obtained before taking action.
What happens if one sibling wants to keep the family home?
The siblings may be able to negotiate an arrangement where one sibling receives the property and the others receive cash or other estate assets. The arrangement should be properly documented and checked for legal and financial consequences.
Does a joint tenancy property form part of the estate?
Not necessarily. Where property is held as a joint tenancy, the deceased’s interest may pass to the surviving joint tenant rather than being dealt with as part of the estate. The exact ownership arrangement should be confirmed before assuming who inherits the property.
Can I challenge my sibling’s inheritance?
Being unhappy with another beneficiary receiving more does not automatically provide grounds to challenge an estate. Certain eligible people may be able to make a Family Provision Act claim where the legal requirements are satisfied. Time limits may apply, so prompt legal advice is important.
What if there is no Will?
If someone dies without a valid Will, they generally die intestate and the estate is distributed according to applicable legislation. Depending on the circumstances, Letters of Administration may be required before the estate can be formally administered.
Do inherited property disputes always go to court?
No. Negotiation and mediation may resolve many disputes without court proceedings. However, litigation may be necessary if the parties cannot reach an agreement or if a court order is required.
When should I contact a real estate litigation lawyer?
You should consider obtaining legal advice as soon as you become aware of a significant disagreement concerning inherited property. Early advice can help clarify ownership, beneficiary rights, estate administration issues and potential options for resolving the dispute.
Conclusion
When siblings disagree over an inherited property in Western Australia, the solution is not always as simple as deciding who should receive the family home. The outcome can depend on the Will, property ownership structure, estate debts, beneficiary entitlements, executor responsibilities and whether a legal claim has been made.
Some disputes can be resolved through communication, negotiation or mediation. Others may require formal legal proceedings. The important step is to understand your legal position before making decisions about selling, transferring or occupying the property.
If you are dealing with an inherited property dispute and need guidance, speaking with experienced estate litigation lawyers or a real estate litigation lawyer can help you understand the available options. Whether the matter can be resolved through negotiation or requires more formal real estate litigation, getting appropriate legal advice early can help protect your interests and potentially reduce unnecessary conflict.
