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Joint executor conflict

My brother and I are joint executors for mums will (died May 19). I had financial PoA and helped mum with her all finances  for years but she was of sound mind until she died. I also did her deceased husbands probate and saved £000s to estate in 2017. 

Bad relationship with brother over many years. He’s had nothing to do with looking after mum, estate, house, etc didn’t even attend her funeral. 

We eventually agreed on a joint solicitor to do probate and is also doing conveyancing. I submitted all balance details to solicitor with estimation of house value and Probate Application forms sent to brother to sign Oct 19 and ever since he’s been asking for all bank/savings statements for 6/7 accounts held over last 2 years and queries sums spent. 

Shortly after mums death I went to Santander and they closed her current account and opened an executor account in my name so I can pay bills etc. 

He’s now asking for all receipts for executor account and to know exactly what money spent on. He’s refusing to sign and I’m refusing to send as it just goes on and on. I’ve said if he thinks I was stealing prove it and call police. 

Before Christmas he employed another solicitor whose egging him on and wrote rude email to me. 

I managed to get a buyer for house before Christmas but they’re now threatening to pull out as probate not submitted.

Does brother have legal right to see all accounts and receipts before signing application for probate? 

Can he put costs of his solicitor second against estate? He’s already claimed £300 for another one within days of mum dying but I refused to use as no quote was forthcoming. 

Can I claim for costs of the solicitor for conveyancing against him if sale falls through? 

If we lose the sale of house and end up with lower value down the line can I claim against brother? 

Comments

  • Dox
    Dox Posts: 3,116 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 16 February 2020 at 6:59PM
    I think you're letting your understandable frustrations get the better of your common sense. If the accounts/receipts relate to the estate, then as an executor he does indeed have a right to see them.

    Highly unlikely you can claim against him, especially if you haven't done your bit by supplying what he is asking for, however interminable it may feel - but not sure why you say it is 'going on and on' - what on earth are you buying/doing that necessitates many transactions?
  • As a joint executor he has a right to see what is happening to the executor account, which you really should have opened together.
    He also has a right to see your mother’s accounts which he should be able to obtain himself anyway.
    He also has a right to query any large debits from those accounts, but you do not have to provide him with a breakdown of normal expenditure coming from them. 
  • Does he have to see all details of expenses before signing probate application? I’ve sent him the bank statements. Costs have been to  up keep of house, gardening clean utilities etc plus my petrol driving 300 miles to sort problems eg broken roof tile, lights not working etc. 
  • Does he have to see all details of expenses before signing probate application? I’ve sent him the bank statements. Costs have been to  up keep of house, gardening clean utilities etc plus my petrol driving 300 miles to sort problems eg broken roof tile, lights not working etc. 
    No, but if you have them or it is easy to produce them just do it, and hopefully it will get things moving.
  • Savvy_Sue
    Savvy_Sue Posts: 47,765 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you not asked this question already? If you haven't, someone else has asked the exact same one very recently ... Can't quickly find it or would provide a link. 
    Signature removed for peace of mind
  • I’d tried to post on Thursday but didn’t think it had worked. I can’t find it. 
  • p00hsticks
    p00hsticks Posts: 14,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 February 2020 at 10:48PM
    I’d tried to post on Thursday but didn’t think it had worked. I can’t find it. 
    You posted a comment on an existing thread here

    (for future reference - if you want to see what you (or anyone else) has posted previosuly, just click on the user name on the left hand side of any existing post and it will  show you)


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