Probate Problem

Pit-Stop-Phil

I am looking for a solution to a probate problem. I am a joint executor of my late mother’s estate. My brother is the other executor. Since my mother’s death on 10th November 2016 my brother has ignored all correspondence from the solicitor who’s dealing with probate on my behalf. I am the main beneficiary, which i think is the reason he’s trying to delay matters as long as he can and deplete her savings in legal fees. The law firm who are dealing with the matter on my behalf have not come across this situation before and don’t know how to proceed. It is further complicated by the law firm who hold the original copy of the will refusing to release it without my brother and i both signing.

I hope someone can provide me with the right advice to proceed with the matter before funds are depleted.

Yorkshireman99

Pit-Stop-Phil wrote: »

I am looking for a solution to a probate problem. I am a joint executor of my late mother’s estate. My brother is the other executor. Since my mother’s death on 10th November 2016 my brother has ignored all correspondence from the solicitor who’s dealing with probate on my behalf. I am the main beneficiary, which i think is the reason he’s trying to delay matters as long as he can and deplete her savings in legal fees. The law firm who are dealing with the matter on my behalf have not come across this situation before and don’t know how to proceed. It is further complicated by the law firm who hold the original copy of the will refusing to release it without my brother and i both signing.

I hope someone can provide me with the right advice to proceed with the matter before funds are depleted.

The solution is to have your brother removed as executor. If the current firm are not up to the job then you need somebody else. The firm holding the will are quite correct to not release the will except to both of you. As a first step I think you need to tell your bother, in writing, that unless he cooperates with 14 days you will apply to have him removed and that he will have to pay the costs. Check with your solicitor first.

Pit-Stop-Phil

Thanks Yorshireman. You've confirmed what i thought was the way to proceed. My solicitor thought otherwise. I will look for a law firm that is willing to take the matter on.

Thanks again.

Yorkshireman99

I think you need is a firm who specialises in what is known as “contentious probate”.

Margot123

Can you not ask the Probate Office advice on how to instigate court directions?

Removal of an executor is a very difficult (plus lengthy and costly) thing to do. You will need strong evidence of malpractice, fraud etc. It is rare that an executor is removed.

Keep_pedalling

Maybe he is just trying to force you into agreeing a more equal distribution of the estate. You have not said why you are inheriting more than him, but one option open to you is to offer a more even distribution. Depending on the size of the estate this may be the cheaper option.

Unfortunately treating your children very differently then expecting the loser to always give in graciously is asking a bit much and your mother really should not have made him one of her executors under these circumstances.

Yorkshireman99

Margot123 wrote: »

Can you not ask the Probate Office advice on how to instigate court directions?

Removal of an executor is a very difficult (plus lengthy and costly) thing to do. You will need strong evidence of malpractice, fraud etc. It is rare that an executor is removed.

It is not really in the Probate Offcie's remit.

Yorkshireman99

Keep_pedalling wrote: »

Maybe he is just trying to force you into agreeing a more equal distribution of the estate. You have not said why you are inheriting more than him, but one option open to you is to offer a more even distribution. Depending on the size of the estate this may be the cheaper option.

Unfortunately treating your children very differently then expecting the loser to always give in graciously is asking a bit much and your mother really should not have made him one of her executors under these circumstances.

The OP should not allow his brother to bully hin into giving up what is rightfully his.

Yorkshireman99

Margot123 wrote: »

Can you not ask the Probate Office advice on how to instigate court directions?

Removal of an executor is a very difficult (plus lengthy and costly) thing to do. You will need strong evidence of malpractice, fraud etc. It is rare that an executor is removed.

I would suggest the OP already has ample evidence to have his brother removed. It should not be to long a process or too costly. The brother is likely to have to pay most of the costs unless he starts behaving sensibly.

Keep_pedalling

Yorkshireman99 wrote: »

The OP should not allow his brother to bully hin into giving up what is rightfully his.

Don’t think we have enough info to make a judgment on that as yet.

getmore4less

IF you are prepared to pay someone to do the work any reason you did not ask the firm holding the will to take on the work?