Siblings Refuse to Divide the Inheritance or the Administrator Will Not Distribute: What to Do

Siblings Refuse to Divide the Inheritance, or the Administrator Will Not Distribute: What Can You Do?

This article is for heirs who have been shut out of an estate: an administrator who has gone silent and prepared no inventory, transferred assets into their own name, or a sibling living in the family home who refuses to sell or divide.

The short answer: the law offers several routes, such as asking the court to remove the administrator, suing for division of the estate, or suing to cancel a transfer. But estate claims carry several kinds of limitation periods, counted differently depending on the facts. The first step is to find the date of death, the date the court appointed the administrator, and a copy of the title deed or the latest land registry record.

How to petition for an administrator is explained in the separate article on appointing an estate administrator, so this article does not repeat those steps.

Where are you now?

There is no administrator yet and relatives are competing

The relevant heirs may consider filing their own petition, or objecting to someone else's before the hearing date. See the article on appointing an estate administrator for the filing details.

There is an administrator, but they do nothing or give no inventory

Obtain a copy of the court order appointing the administrator, then demand the inventory in writing. Keep copies of every letter and proof of delivery.

The administrator transferred land into their own name or someone else's

Request the land registry record and related documents from the Land Office to see when, by whom and on what basis the transfer was made. This set of documents is important for assessing the matter.

One heir occupies the family home or land alone

Write down how you have lived in or benefited from the property, such as house registration and utility bills. This information may matter to the limitation question.

What not to do

• Wait without checking the limitation period. Claims over an estate may have time limits; waiting indefinitely can lose the right.
• Sign a consent, a renunciation of inheritance or a division record you do not understand. These may bind you legally; have a lawyer read them first.
• Take the property or change the locks yourself. This may expose you to criminal allegations; consult a lawyer before doing anything to property the other side occupies.

Steps under the law

The options below are not a fixed sequence. Which route a lawyer chooses depends on the facts of each case.

1. Written demand. Ask the administrator or the occupying heir for the inventory and the plan for division. An administrator must prepare the inventory within 1 month (sections 1728 and 1729) and complete the administration within 1 year (section 1732).
2. Negotiation or mediation. If talks are still possible, courts have mediation centres, and heirs may sign a written agreement dividing the estate (section 1750). Have a lawyer check the terms before signing.
3. Ask the court to remove the administrator under section 1727 if the administrator neglects their duties or there is other good reason. The request must be made before the administration is finished.
4. Sue for division of the estate or to cancel a transfer. This is a civil case under sections 1748 and 1754. The limitation period must be examined carefully.
5. Sue the administrator over the administration. The limitation period is 5 years from the end of the administration (section 1733, paragraph 2).
6. Consider the criminal side. Taking estate property as one's own may amount to misappropriation. A lawyer must check which provision applies and whether the offence can be settled between the parties. If it can, the injured party must complain within 3 months of learning of the offence and the offender (Criminal Code section 96). See the article on criminal limitation periods.

Limitation periods: the general rule and its exceptions

The general rule under section 1754 is that a claim to an inheritance must be brought within 1 year of when the heir knew or should have known of the death, and in any event within 10 years of the death.

But this rule has exceptions and interpretations that depend on the facts, for example where heirs jointly possess the estate property, or where an administrator is involved. Readers should not conclude for themselves that they are in time or out of time. A lawyer must always check the exceptions and the relevant case law for your situation.

Documents a lawyer needs to see before assessing your case

• Death certificate of the deceased
• The court order appointing the administrator (if any) and the will (if any)
• Land title deeds and the latest land registry record
• Bank books and proof of the deceased's other assets
• Proof of heirship, such as birth certificates and marriage registration
• Demand letters and messages with the administrator or the other heirs
• Evidence of joint occupation or use of the property, such as house registration and utility bills

Relevant laws

• Civil and Commercial Code section 1727: the court may remove an administrator who neglects duties or for other good reason.
• Sections 1728, 1729 and 1732: the duty to prepare an inventory within 1 month and finish within 1 year.
• Section 1722: an administrator may not enter transactions where their own interest conflicts with the estate.
• Section 1733, paragraph 2: 5-year limitation for suing an administrator over the administration.
• Section 1748: division of estate property among heirs.
• Section 1750: agreement to divide an estate.
• Section 1754: limitation period for claims to an inheritance (a lawyer must check the exceptions).
• Criminal Code section 96: 3-month deadline to complain for offences that can be settled between the parties.

Frequently asked questions

What is the limitation period for claiming an inheritance?
The general rule under section 1754 is 1 year from when the heir knew or should have known of the death, and no more than 10 years from the death. There are exceptions depending on the facts; a lawyer must check before any conclusion.

If I live in the family home with the other heirs, must I worry about the 1-year period?
It may differ from the general case, because there are interpretations for heirs who jointly possess estate property. It depends on who possessed what and how; a lawyer will assess case by case.

Can an administrator be removed?
Yes, if the administrator neglects their duties or there is other good reason, and the request is made before the administration is finished, under section 1727.

Within how many days must an administrator act?
Prepare the inventory within 1 month and complete the administration within 1 year. The court or the heirs may extend the time depending on the reasons.

The administrator put the land in their own name. What can I do?
An administrator may not enter transactions where their own interest conflicts with the estate (section 1722). Civilly, you may sue to cancel the transfer, and there may be a criminal issue. A lawyer must see the transfer documents and the facts first.

I do not want to go to court. Are there other ways?
Yes: negotiation, mediation at the court's mediation centre, or a written agreement dividing the estate (section 1750). Have a lawyer check any draft before signing.

The deceased left a will. How does it affect the division?
A will made in the required form determines who gets what and may name the administrator. See the article on making a will for an overview. If there are doubts about the will's validity, a lawyer must examine the actual document.

Summary

Inheritance disputes come in many forms with several remedies, civil and criminal. The first thing to know is how the limitation period for your matter is counted. Readers facing this may bring the documents listed above to a lawyer to check their specific situation.