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    • back to school
    • By back to school 17th Jun 17, 12:26 PM
    • 12Posts
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    back to school
    executor fears will incapacity
    • #1
    • 17th Jun 17, 12:26 PM
    executor fears will incapacity 17th Jun 17 at 12:26 PM
    I am an executor to my fathers will, he developed Alzheimer's over some years, I believe during this time my brother encouraged my father to change the will or create a trust, because my brother was aware the will favours myself to a greater extent. He is now very keen to see the will, even asking around the other family members. I have said what he can expect to inherit, and suggested if he was unhappy, to give his case, and I would involve the solicitors. I do not wish to show him the will, as I think what ever he has had my father sign, would not sit well with the will, and that his interest is only to alter/clarify it, so that it might, making it harder to contest. Can I refuse to disclose the will for this reason, what if I do?
Page 1
    • Mojisola
    • By Mojisola 17th Jun 17, 12:31 PM
    • 28,510 Posts
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    Mojisola
    • #2
    • 17th Jun 17, 12:31 PM
    • #2
    • 17th Jun 17, 12:31 PM
    I am an executor to my fathers will, he developed Alzheimer's over some years, I believe during this time my brother encouraged my father to change the will or create a trust, because my brother was aware the will favours myself to a greater extent.

    He is now very keen to see the will, even asking around the other family members.
    Originally posted by back to school
    It's a bit confusing.

    Has your father made a new will?

    If not, but you think your brother has some other paperwork signed by your father, suggest that you both meet at a solicitor's office, show him/her what you both have and ask advice.
    • back to school
    • By back to school 17th Jun 17, 1:36 PM
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    back to school
    • #3
    • 17th Jun 17, 1:36 PM
    • #3
    • 17th Jun 17, 1:36 PM
    I do not know if there are later documents, but I strongly suspect so, my brother does not say he will not contest the will.
    There is no doubt in my mind that I am fulfilling my fathers wishes, and that he would not have knowingly altered the will.
    I would not want my brother to see the will before he has played his hand, for fear he will select , alter, clarify, the later documents he holds to fit with the will, and strengthen his position. Hence withholding the will.
    I have not engaged solicitors as yet and hope not to do so. I hope to point out the inconsistencies in what my brother has, would not stand up in court, and that he should reconsider, so I can carry on.
    • Mojisola
    • By Mojisola 17th Jun 17, 1:40 PM
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    Mojisola
    • #4
    • 17th Jun 17, 1:40 PM
    • #4
    • 17th Jun 17, 1:40 PM
    I do not know if there are later documents, but I strongly suspect so, my brother does not say he will not contest the will.

    I would not want my brother to see the will before he has played his hand, for fear he will select , alter, clarify, the later documents he holds to fit with the will, and strengthen his position.
    Originally posted by back to school
    That's why I suggested that he presents what he has to the solicitor.

    The solicitor would copy the will and any documents that your brother brings.

    Your brother would then not be able to alter the ones he has because you have evidence.

    If you don't want to do that, just keep the will private and let him do his worst when the time comes.
    • Linton
    • By Linton 17th Jun 17, 1:48 PM
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    Linton
    • #5
    • 17th Jun 17, 1:48 PM
    • #5
    • 17th Jun 17, 1:48 PM
    It sounds to me that your brother has as much trust in you as you have in him. Perhaps he just wants to satisfy himself that what you have stated was his inheritance actually satisfies the terms of the will. If you cant sort things out amicably amongst your selves I suggest you both work through things with a solicitor as a neutral intermediary. If it came to a legal case the costs to the estate could be seriously high.
    • Yorkshireman99
    • By Yorkshireman99 17th Jun 17, 5:36 PM
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    Yorkshireman99
    • #6
    • 17th Jun 17, 5:36 PM
    • #6
    • 17th Jun 17, 5:36 PM
    You have absolutely no obligation to show him the will.
    • Yorkshireman99
    • By Yorkshireman99 17th Jun 17, 5:38 PM
    • 3,292 Posts
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    Yorkshireman99
    • #7
    • 17th Jun 17, 5:38 PM
    • #7
    • 17th Jun 17, 5:38 PM
    That's why I suggested that he presents what he has to the solicitor.

    The solicitor would copy the will and any documents that your brother brings.

    Your brother would then not be able to alter the ones he has because you have evidence.

    If you don't want to do that, just keep the will private and let him do his worst when the time comes.
    Originally posted by Mojisola
    No need for the expense. Just tell him you will not disclose until your father dies and you have probate. He has absolutely no right to see it until then. A complete waste of money to involve a solicitor.
    • Yorkshireman99
    • By Yorkshireman99 17th Jun 17, 5:40 PM
    • 3,292 Posts
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    Yorkshireman99
    • #8
    • 17th Jun 17, 5:40 PM
    • #8
    • 17th Jun 17, 5:40 PM
    It sounds to me that your brother has as much trust in you as you have in him. Perhaps he just wants to satisfy himself that what you have stated was his inheritance actually satisfies the terms of the will. If you cant sort things out amicably amongst your selves I suggest you both work through things with a solicitor as a neutral intermediary. If it came to a legal case the costs to the estate could be seriously high.
    Originally posted by Linton
    Why? A complete waste of money. Nothing can be done while the testator is alive.
    • back to school
    • By back to school 17th Jun 17, 6:14 PM
    • 12 Posts
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    back to school
    • #9
    • 17th Jun 17, 6:14 PM
    • #9
    • 17th Jun 17, 6:14 PM
    For many years, he has stated he will contest the will and find a way.
    • back to school
    • By back to school 17th Jun 17, 6:15 PM
    • 12 Posts
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    back to school
    The testator has died.
    • Yorkshireman99
    • By Yorkshireman99 17th Jun 17, 6:51 PM
    • 3,292 Posts
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    Yorkshireman99
    The testator has died.
    Originally posted by back to school
    Sorry I misread that. Just apply for probate in the usual way. I f your brother want to contest the will then he will need to find solicitor will to take it on and put money up front. Don't allow him to bully you.
    Last edited by Yorkshireman99; 17-06-2017 at 7:09 PM.
    • Linton
    • By Linton 17th Jun 17, 8:48 PM
    • 8,464 Posts
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    Linton
    We dont have much information but I cant help feeling that a bit of cooperation could avoid a lot of hassle and ill feeling later.
    • Mojisola
    • By Mojisola 17th Jun 17, 10:26 PM
    • 28,510 Posts
    • 72,644 Thanks
    Mojisola
    The testator has died.
    Originally posted by back to school
    Sorry I misread that.

    Me, too. I thought the OP was trying to stop the brother from manipulating father after he knew what the will said.

    Just apply for probate in the usual way. If your brother want to contest the will then he will need to find solicitor will to take it on and put money up front. Don't allow him to bully you.
    Originally posted by Yorkshireman99
    As Yorkshireman says, just apply for probate. You don't need to show the will to any of the beneficiaries but, once probate has gone through, anyone can buy a copy so your brother will find out then.
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