Executers Disagreement

Sorcerer2018

Hi All,

My mum made myself and my brother executers of her will, but when i went to do probate at the solictors, my brother didn't like what the will said and just walked out. Leaving me stuck with what to do now. I can't carry on probate without him. So I am stuck. I gave him a copy of the will months ago, and he fails to understand my point of view that I am just trying to fulfil the wishes of the will and it's not my fault if you fell the will is "unfair". I am currently waiting to see my solicitors to see what I can do next, but it might take a while since she is very busy.

Does anybody know what the next course of action is, if I have an executer who is not willing to playball?

Thanks

Keep_pedalling

He can’t block the will going to probate, and while he is an executor he cannot challenge it. Hopefully you can get him to agree to either renounce or reserve his powers as executor which will allow you to get on with it alone.

If he does want to make a challenge then his only option will be to renounce, although he is unlikely to succeed.

If he just decides to be stubborn and just sit on his hands then you will have to get him removed through court action.

Sea_Shell

In what way does your Brother think it's unfair? Is it justified?

Assuming you are a beneficiary, would you be willing to agree to a Deed of Variation to redistribute the estate some other way to make things "fair" and salvage your relationship?

Sorcerer2018

It's a long story about why he doesn't think it's fair going back 50 years! before I was born. But just to say he believes he should have 25% of the house, which my mum has given 50/50 to my sister and me, because we have lived their for over 40 years. Giving him 25% would effetely make us homeless and sell the family home that my dad never wanted to sell, because he built it himself. Together with the fact he has not really been involved with the family for over 30 years, and didn't help to look after mum and dad when they fell ill. So I am not sure I would be in the mood for a Deed of Variation considering his actions over the last 40 years. I did say I might be willing to improve his share of the money left, he didn't want that, I also said about putting the house in trust so we can live their until we pass way, so his children could benefit, that was also a no go. So I have lost patience now.

Sorcerer2018

Another issue is that I don't have the original will , becuase it is with the solictors, and they won't relase it to me, because they need both of us to agree before they give it to us, so at this stage I can't even start probate.

Sorcerer2018

If he did decide to stay stubborn and not take any action, and i ended up going to court, later on if i need to go to court again for a judge to decided a final outcome (assuming we didn't come to some sort of agreement), would the judge consider his conduct in his final decision?

-taff

The judge can't change the will.
All you'd be doing would be getting him removed as an executor.


you're not in Scotland are you?

Mojisola

Sorcerer2018 wrote: »

It's a long story about why he doesn't think it's fair going back 50 years! before I was born. But just to say he believes he should have 25% of the house, which my mum has given 50/50 to my sister and me, because we have lived their for over 40 years.

Why does he think this? Did he contribute towards the house purchase?

If he just thinks he should have an equal share, why isn't he asking for one-third?

Keep_pedalling

Sorcerer2018 wrote: »

If he did decide to stay stubborn and not take any action, and i ended up going to court, later on if i need to go to court again for a judge to decided a final outcome (assuming we didn't come to some sort of agreement), would the judge consider his conduct in his final decision?

Yes, a judge would remove him as he has demonstrated he is incapable of performing his duties as an executor. Before you get to this you really need to try and and persuade him to agree to renounce which he may do if he simply does not want the hassle of being an executor for little reward.

If he tells you that he is going to challenge the will, explain to him that he can’t actually do that until he renounces. If he won’t talk to you you should get the solicitor to write to him.

Keep_pedalling

Sorcerer2018 wrote: »

It's a long story about why he doesn't think it's fair going back 50 years! before I was born. But just to say he believes he should have 25% of the house, which my mum has given 50/50 to my sister and me, because we have lived their for over 40 years. Giving him 25% would effetely make us homeless and sell the family home that my dad never wanted to sell, because he built it himself. Together with the fact he has not really been involved with the family for over 30 years, and didn't help to look after mum and dad when they fell ill. So I am not sure I would be in the mood for a Deed of Variation considering his actions over the last 40 years. I did say I might be willing to improve his share of the money left, he didn't want that, I also said about putting the house in trust so we can live their until we pass way, so his children could benefit, that was also a no go. So I have lost patience now.

You mother really should have made you and your sister executors under those circumstances. You have made 2 reasonable offers I would now withdraw those.

Sorcerer2018

No he wasn't involved in the house at all, the house was bought by mum and dad. Sorry their was another sister, so he believes the house should be split 4 ways, 25 % each.