Who ensures a Will is executed?

Murphy_The_Cat

£15K in legal fees ?

ames1010

So have you got a copy of the will? Have you asked your brother for a copy? I’m assuming that the will wasn’t sent for probate so it hasn’t become a public record? If he refuses, then the next step would be to issue court proceedings. 

Have you checked the land registry for your mums house? You can then see who is named as the owner. 

ames1010

Right- just caught up- as you have been sent an interim payment then probate has been initiated so you can now go on the government website and order a copy of your mums will for £1.50. 

You can also request for an inventory from your brother and if he refuses, then you can apply to court for him to then reveal his inventory to the judge. If there are things that don’t add up etc, that’s when you would then be able to remove him as an executor as he hasn’t followed the will and hasn’t been keeping accurate records when dealing with monies etc 

fletch2ndTime

ames1010 said:

So have you got a copy of the will? Have you asked your brother for a copy? I’m assuming that the will wasn’t sent for probate so it hasn’t become a public record? If he refuses, then the next step would be to issue court proceedings. 

Have you checked the land registry for your mums house? You can then see who is named as the owner. 

I know 100% my mother the sole owner.  My brother has entitlement issues. Always has had.

fletch2ndTime

ames1010 said:

Right- just caught up- as you have been sent an interim payment then probate has been initiated so you can now go on the government website and order a copy of your mums will for £1.50. 

You can also request for an inventory from your brother and if he refuses, then you can apply to court for him to then reveal his inventory to the judge. If there are things that don’t add up etc, that’s when you would then be able to remove him as an executor as he hasn’t followed the will and hasn’t been keeping accurate records when dealing with monies etc 

My sister is contacting the solicitor tomorrow. To ask for a balance sheet.

Do you know if deceased siblings’ children would be beneficiaries? I always thought they were

Keep_pedalling

fletch2ndTime said:

Hi and thanks for your responses. I know how much is missing because I know precisely how much she had. My sister and I looked after her funds.  I notified the life cover and her pension provider. I paid for her funeral. I have been paid back. We are a big family and the equal division offered means circa 15k missing.... she had no debt when she died.

my brother has stayed there a whole year Since she died (on top of the two decades). The timing is pants, because we are at the one year anniversary.......

But if you have been given just an interim payment, you don’t know what the final payment will be so you can’t know £15k is missing. The executor will not have paid out all the liquid assets as they need to keep some back for estate expenses including solicitors fees which could be substancial.

Flugelhorn

fletch2ndTime said:

ames1010 said:

Right- just caught up- as you have been sent an interim payment then probate has been initiated so you can now go on the government website and order a copy of your mums will for £1.50. 

You can also request for an inventory from your brother and if he refuses, then you can apply to court for him to then reveal his inventory to the judge. If there are things that don’t add up etc, that’s when you would then be able to remove him as an executor as he hasn’t followed the will and hasn’t been keeping accurate records when dealing with monies etc 

My sister is contacting the solicitor tomorrow. To ask for a balance sheet.

Do you know if deceased siblings’ children would be beneficiaries? I always thought they were

depends what the will says. usually this is the case, a deceased beneficiary's share goes to their children (as in intestacy) but not always, totally depends on the wording - occasionally it can go back into the estate to be shared between the other beneficiaries

xylophone

Have you now obtained a copy of the will?

ames1010

fletch2ndTime said:

ames1010 said:

Right- just caught up- as you have been sent an interim payment then probate has been initiated so you can now go on the government website and order a copy of your mums will for £1.50. 

You can also request for an inventory from your brother and if he refuses, then you can apply to court for him to then reveal his inventory to the judge. If there are things that don’t add up etc, that’s when you would then be able to remove him as an executor as he hasn’t followed the will and hasn’t been keeping accurate records when dealing with monies etc 

My sister is contacting the solicitor tomorrow. To ask for a balance sheet.

Do you know if deceased siblings’ children would be beneficiaries? I always thought they were

I’m not sure, sorry- I hope you get more answers this week especially when requesting an inventory! I’ve requested for one of those as well  - ongoing issues!!! 

fletch2ndTime

But if you have been given just an interim payment, you don’t know what the final payment will be so you can’t know £15k is missing. The executor will not have paid out all the liquid assets as they need to keep some back for estate expenses including solicitors fees which could be substancial.

Of course, never thought Of that.  I was only thinking of the liquidity of her estate when she died.  One family member has said they only contacted living members but am sure that is unlawful. Another sister is asking for sight of will and any accounts pertaining to it. I do know the house is not sold because he lives there. Maybe she has given him lifetime occupancy......