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Executor refuses to sign documents!

Hi,
My brother is executor of our late uncles will . He has aleady removed anything of value in a trailer without consulting anyone else on their wishes. He now refuses to make the ( Long) trip to the Solicitor to sign documents. Both he and I are likely to be major benefactors. I assume he has already got a copy of the will since my uncle died 6 weeks ago. There is a house to be sold but as yet, nothing is in progress regarding this. What can be done to allow the normal process?

Comments

  • SeniorSam
    SeniorSam Posts: 1,674 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Does he have the right to remove anything of value and if so, is it to dispose of for the beneficiaries.

    As Executor, he has a legal responsibility to act in the interest of the deceased to administer the wishes of the Will. Since a solicitor is involved, you may be able to raise your concerns with the solicitor, as he also has a duty of care. Documents to sign can be sent to a local solicitor if requested.

    Sam
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If he's removing items in order to comply with the terms of the will, all good and well.

    If he's removing stuff to sneak it out of the house, and claim it for himself outwith the terms of the will, that's not

    You could remind him of his legal responsibilities, couldn't you?
  • ipri
    ipri Posts: 649 Forumite
    Hi..unfortunatly, he doesnt speak to me...hasnt for years..didnt even inform me of the funeral date!....I believe he removed stuff for his own benefit.....not out of character!...I have no way of knowing who the solicitor is....or if I would have any juristiction anyway? ian
  • SeniorSam
    SeniorSam Posts: 1,674 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Contact the Probate Court in the County where your Uncle lived. Explain the problem to them and they may be able to guide you. Your Brother will need to obtain Probate and the Court will be very interested in what has been taken away before Probate has been granted. They may also wish to advise your Brother of his legal obligations and in default, he may face court action against him.

    Sam
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.
  • thenudeone
    thenudeone Posts: 4,464 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I believe that a will becomes a public document once probate is granted, so you will be able to see exactly what you are supposed to receive.

    If you believe that you have failed to receive what is due to you because of his actions, and he refuses to correct the problem, I suggest you see a specialist solicitor with the intention of taking legal action against him. Unfortunate but possibly necessary.
    We need the earth for food, water, and shelter.
    The earth needs us for nothing.
    The earth does not belong to us.
    We belong to the Earth
  • zygurat789
    zygurat789 Posts: 4,263 Forumite
    Part of the Furniture Combo Breaker
    I turned up at our local probate office found a number from their computer system, paid £6 and got a copy in the post within 5 days

    http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/probate/copies-of-grants-wills.htm
    The only thing that is constant is change.
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