Reactivating Power Reserved

Catterpillar

My father named me and my brother as joint executors. My brother registered only himself with me as power reserved. i was unaware of this at the time.
My father died 5 years ago and i have not felt able to deal with my brother until now
All my fathers assets have been dealt with except a property that was left jointly to us in equal shares Neither of us live in the property. I have now discovered the house was never registered in our joint names with the Land Reg. I have reason to believe my brother has been renting the house out.
He refuses to speak to me about this. He does not want to sell and he is becoming increasingly hostile. He says i cant sell it with out his signature because he is named on the probate
I would like to sell the property and divide the money between us but can i do this if im not named on the probate?
Is there any way i can reactivate my reserved power so i can move this forward?
i really dont know what to do
i appreciate i may need a solicitor somewhere down the line but i want to bring it as far as i can myself as i dont have money for solicitors bills.
Any advice would be greatly appreciated

AnotherJoe

Get a solicitor involved

unforeseen

If you were not aware at the time that your brother put you as power reserved then you definitely need the services of a solicitor

Catterpillar

I have tried to look up how he could do this without my signature
I certainly did not agree to this

AnotherJoe

I said "geta solicitor involved". You may also wish to consider getting the police involved. Or perhaps you could point out to your brother that you feel you have to go to the police as you can see no other way of settling this.

xylophone

https://wedlakebell.com/executors-reserving-power-grant-probate/

may be of interest.

Catterpillar

Am I bring nieve? Is what he has done illegal / unlawful?
Thank you for your help

Catterpillar

Is there a way I can force him to sell?
I'm really worried about this

AnotherJoe

Yes, if he's forged your signature or even stated that reserved powerers when you didn't then that would clearly be illegal
You've got some money coming with the house (eventually), see a solicitor.

Thrugelmir

Catterpillar wrote: »

Is there a way I can force him to sell?
I'm really worried about this

Consult a solicitor. The estate could have been dealt with improperly. Executors carry personal liability for their actions. The full weight of the law is on your side.

G_M

Guidance Notes
for Probate Application Form PA1

A6 Please state the names of any executors named in the will who are not applying for the Grant of Probate and show one of the following reasons for this:-
A The executor died before the deceased.
B The executor died after the deceased.
C The executor does not wish to apply for probate now but wishes to reserve the right to act as executor in the future if necessary – this option is referred to as having “power reserved”.
D The executor does not wish to apply for probate at all. This is referred to as “renouncing”.
It means that they gives up all their rights to act as executor.
E The executor wants to appoint another person to act as their attorney to take the Grant of Representation out on their behalf.

Please note, however, that the attorney of one executor cannot take a grant jointly with an executor acting in his own right.

If you give reason D or E, please send a letter signed by the executor stating their intention when you send the application to the Probate Registry.

If option C, D, or E is stated the Probate Registry will, on receipt of your application, send you a form for the executor(s) to sign to confirm their intention. You should arrange for this to be completed and then return it to the Probate Registry as instructed.

Did you sign this form? It is form PA25.

If not, the assumption must be that he forged your signiture which is a serious ofence. Contact the Probate Office to lodge a complaint against him.

If yes, you agreed to your brother acting as Executor. You would have to unreserve your power. However I suspect that it may be toolate for this as I imagine Probate has already been granted (in your brother's sole name).