Please help - Executor brother witholding bequest

acetumpectus

First post, long time browser but not sure this is the right place for this so apologies in advance if I've got it wrong.

My mother died over a year ago, my brother and a family friend are executors of her will, had lots of problems with my brother while mum was dying - he didn't actually do anything to help but resented me doing so and spread very spiteful rumours about me, told the nursing home I was a danger to her, things like that. Had to get a solicitor to warn him of legal action to shut him up so I could care for my mother, all very nasty.

Fast forward to today, my mother instructed in her will that all monies to be distributed amongst the grandchildren when they reach 18 and some jewelery to go to my daughter, no restrictions. Executors and solicitors have got fed up with the job one assumes and sent out cheques to the parents of the children under 18 and my brother is withholding the jewellery, complete opposite of what my mother says in her will. There is little doubt my brother is just continuing the harassment of me and my family by witholding it and he has threatened to find my daughter when she's 18 and tell her "the truth" using the jewellery as an excuse, we just want it to be over and never have to speak to him again.

In short, I'm very angry my mother's wishes have been ignored but we just want some peace, does anyone know what I can do to end it whilst tring to stay true to the spirit of what my mother wanted?

sassyblue

acetumpectus wrote: »

Fast forward to today, my mother instructed in her will that all monies to be distributed amongst the grandchildren when they reach 18 and some jewelery to go to my daughter, no restrictions. Executors and solicitors have got fed up with the job one assumes and sent out cheques to the parents of the children under 18 and my brother is withholding the jewellery, complete opposite of what my mother says in her will.

I don't know why you would think the solicitors have got fed up with the job, they would presumably charge for putting that money into trust, maybe the executors changed those rules to save money so you need to ask them first, but if you think the solicitors have fallen short of their duties put it in writing to them first, there are places to complain to if you get short shrift from them.

You could go back to the solicitors and inform them about the jewellery you could also get into an expensive war of words by sending your brother solicitors letters but only if you think he'll hand the jewellery over soon.

My honest answer is that you won't see that jewellery that brother will continue to be a pain in the !!!!, sorry.

WestonDave

Its reasonably common in recent years for wills to have a form of words included which allows the executors to hand over bequests for under 18's to their parents/guardians - it stops files hanging around for years clocking up costs, and admin time so in general its in the beneficiaries interests.

It may be worth your while getting a solicitor to write a letter to your brother reminding him of his obligations to hand over the jewellery - shouldn't be that expensive for one sharp letter which should do the trick.