Tricky will problem

Savvy_Sue

It is usually fairly easy to work out where money coming into an account was coming from though, isn't it?

If it all came from pensions and benefits, and these were being claimed by the OP's mother rather than the brother, it's fairly clear whose money it was, I'd have thought.

RAS

Sandalwoman wrote: »

Yes I have seen the will and its quite clear, house and contents, car etc to brother 1, monies to be spilt between the 3 brothers. The house had apparently already been put in my brothers name previous to our parents deaths - as I say, there is not a problem with this, I have no wish to get any part of the house and anyway, that would be against the will.

Who is the executor?

If the value of the will is more than £5,000 then probate has to be sorted out.

Even though the house was put in brother 1's name before your parents died, it is probably a gift with reservation because they continued to live there, so probate would still be required.

Check the deed in the Land Registry - £4 ish on-line to find out what happened when and then speak to the Probate Office locally.

Baggysdad

If the house has been transferred to brother 1's name and he is the joint owner of all of the accounts, your mother died without leaving an estate so there is no need for probate, nothing for you to contest and no need to waste a solicitors time with a free half hour or your money on an hour long consultation.

You might want to consider bringing an action to argue that the account was fed entirely by your mother and therefore was her asset, but if your brother argues the point, expect to pay more than £7,000 in legal fees arguing the toss.

Sorry.

foxy-roxy

I think the best chance you have here is talking to brother 1 and seeing if he will split any monies with you and other brother, if not then you know not what sort of person he is, choosing money over family.
I hate money sometimes, it really brings out the ugly in people:(

Oldernotwiser

Sandalwoman wrote: »

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I do not want to cause bad feeling, but feel this is rather unfair, on looking at my mothers will she obviously intended that myself and brother 2 should have a share of the money. I know I can see a solictor, but am trying to avoid that route at the moment for the sake of harmony, especially as I want to get my facts straight first.

I can't see why you're trying to avoid bad feeling when your brothers have cheated you out of your share of your inheritance.