Contacting the solicitor etc.

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  • ahja
    ahja Posts: 40 Forumite
    It's very sad when fall outs happen at such a time, but it doesn't stop it happening!

    Are you aware of what the will contains? If say, the will is split 3 equal ways with there being 3 siblings, then she will own a third of the house and he will have to get her involved as he won't be able to sell the house without her consent, so there does have to be some form of communication somewhere - its just really frustrating when people don't keep you in the loop - I hope this is temporary for all concerned and that everything is sorted eventually!

    If he does manage to remove your wife from being an executer, then at least you can get a copy of probate (which he will have to go through as there is property) from the gov website for £10 when probate has been granted but if he uses a solicitor it will take some months to be completed. If he does something like removing your wife off probate with 'power removed' he has to write to her - this is said on the probate form which might be helpful for you to download and have a look at from the gov website - if he doesn't write to her then he is not doing his duties right - more than likely that this will not be chased for proof, but you can challenge that he did not write to your wife.

    Keep in mind that this situation could get very messy, grief + wills + fighting relatives is a powerkeg so I would say get as much information as possible so you know about probate etc so if he is playing fast and loose then he will know that you know your rights.

    My mother recently died and I was an executer with my sister - as she works I did most of the financial arrangements, both coming in and going out - all I was ever asked was did she agree with what I was doing and no one ever asked for proof of her signing anything (which I could have forged), so I do think it is quite easy to 'go rogue' if you are that way!

    If she is a beneficiary then you are entitled to ask for a copy of the financial records, whether he does them or a solicitor - if it does get messy then you will probably end up having to get your own solicitor involved here, so try to keep it softly softly if you can!

    Good luck!
  • The executors are specified in the Will, and the solicitor is not one of them, from what I understand of the info given, so if your brother in law has approached a solicitor to do the work, that solicitor will have to obtain your permission to go ahead. Bearing in mind that probate costs are apparently going sky high, it might be worth trying to obtain probate yourselves; it can be time consuming, but you can find information on how to do it. I think if your wife and her brother can agree initially on what are the assets and what are the debts (however small) of and to the estate, then that can avoid suspicion later as all payments in and out will be documented somehow, therefore verifiable - things like any small pensions, utility bills, credit cards etc - you just make a list and contact those parties informing of death. The Tax Office can be really helpful, and the probate enquiry line/website would point you in the right direction.
    However, brother being gruff and trying to suppress emotions, might just want a solicitor to deal with things, so it depends on whether or not you could persuade him of the advantage of doing the work yourselves (i mean wife and brother), should you wish to.
    As mentioned in the previous post, it can get messy, it is such a difficult time anyway, but if you can manage to ring the probate helpline to see what is involved before you meet up with the other executor, then you are forearmed.
    Wishing you well.
  • Hi We are progressing slowly and have agreed that the brother acts as lead executor using his solicitor to do the work. The brother is saying that a diamond watch left to me (co executor) as a bequest in the will appears to have gone missing !

    One member of the family stayed at the property after the funeral for around one week and had started clearing various items ( evidence of jewellery boxes piled onto dressing tables when I visited )

    Is it something that I can report to the police as theft ? or would it have to be via a solicitor. I'm hoping the threat of getting the police involved may achieve in someone finding the diamond watch.
  • Hi We are progressing slowly and have agreed that the brother acts as lead executor using his solicitor to do the work. The brother is saying that a diamond watch left to me (co executor) as a bequest in the will appears to have gone missing !

    One member of the family stayed at the property after the funeral for around one week and had started clearing various items ( evidence of jewellery boxes piled onto dressing tables when I visited )

    Is it something that I can report to the police as theft ? or would it have to be via a solicitor. I'm hoping the threat of getting the police involved may achieve in someone finding the diamond watch.
    You can report it direct to the police as theft but they will require evidence before they take any action. Beware of making an accusation that you cannot substantiate.
  • barrytiptree
    barrytiptree Posts: 39
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    edited 15 October 2016 at 7:39PM
    Its more of a way of pushing for a positive outcome. I've now been told that in the box that there were 2 rings, one ring was left to myself and the other ring to the other member of the family. The other member of the family have their ring from the box but for some unknown reason mine was not there !

    Anyway heres hoping that things progress positively form us.
  • Tigsteroonie
    Tigsteroonie Posts: 24,954
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    Hi We are progressing slowly and have agreed that the brother acts as lead executor using his solicitor to do the work. The brother is saying that a diamond watch left to me (co executor) as a bequest in the will appears to have gone missing !

    How long was the period between signing the will & your M/MIL passing? It may be that the watch was gone some time before her death, unless you are certain that you saw it shortly beforehand.
    :heartpuls Mrs Marleyboy :heartpuls

    MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote

    :) Proud Parents to an Aut-some son :)
  • Hi
    All bequested items listed in the will appear to be accounted for except the watch.
    Its probably something I will not be able to prove and I'm not sure if the police will be interested but hopefully just the idea of me calling the police may have the desired effect and the watch may miraculously appear.

    One of bequested items (a ring) has already been taken from the box by the person it was left to in the will but for some unknown reason they are saying there was no watch.

    Due to the fact the family have fallen out and no longer speak (only email) we think they do not want us to benefit in any way. It might be more difficult for them to stop the value of the property (house etc) being split three ways between the deceased's children as is also written in the will. Anyway hopefully things improve, although I doubt it.
  • ahja
    ahja Posts: 40 Forumite
    As frustrating as it is you are probably going to have to write the watch off, no way to prove it was there when the person died and if someone removed it they will know that.

    The house is another matter as there is no way they can make that disappear! When probate has been granted (whether it is to a solicitor or a family member), the probate office keep the official will, the probate letter back will also have stamped copies of the will, so there is no way they can 'do anything' to the original will so hopefully if that thought has crossed your mind, then you can let it go!

    To sell the house, there will have to be 3 signatures as 3 people now own it - end of! No solicitor/mortgage company etc will want anything less - that means they will have to communicate with you about whatever happens to the house as you all have to agree to it.
  • Hi
    That reassures us a great deal. Many thanks.
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