Urgent advice needed - contentious probate

JReacher1

You do need to return the money otherwise you will be accused of stealing. 

Brynsam

SDel said:

However, my brothers solicitor has written a few letters asking for information, which my own solicitor has not given.  Now I am faced with a letter saying he has changed the locks etc, but I wasn't sure of he could do that without probate, and whilst the will is being queried, and I feel that my solicitor has made things worse by not answering the questions he was asked by the other party.  I am now questioning whether I should just get another solicitor, as I feel the current one is not interested in fighting on my behalf.

You need to talk to your solicitor and ask why leaving questions unanswered was better than answering them - it is entirely possible that he was actually protecting your position, not making it worse.

kazwookie

You and your brother are in danger of running up very very large solicitors bills.

You need to get things sorted with him over your deceased sister, leaving all other issues you have with him behind you for now.

From what you have said you both inherit 50/50, you need to agree on how much there is, get probate sorted then get on with your life.

Ring your brother and call a truce NOW

SDel

I will attend to the money later today.  It is entirely possible that he was trying to protect my interests, but I think the time has come to give a few answers. Especially as everything my brother has told his solicitor has been a complete fabrication.

pphillips

p00hsticks said:

SDel said:

 at the last minute, she changed her will, made my brother primary executor and me secondary and split everything 50-50. 

Others may correct me if I'm wrong, but as far as I'm aware there's no such thing as 'primary' and 'secondary' executors - only joint executors. If you are both named as executors then you should be working together to deal with the estate.

The will might say something like "I appoint Fred Bloggs to be my executor but if Fred Bloggs is unable or unwilling to act then I appoint Bill Jones to be my executor", this is perfectly acceptable.

pphillips

SDel said:

Manxman - I haven't exactly relied, it's been more of a safety blanket that's turned out to have a big hole in it.
The will is quite clear on executors - he is "Primary" and I am "secondary" so I can only step up if he can't or won't do it.
Sister had serious speech problems, was almost unintelligible at times, so I'm amazed she got as far as making a will, she said to me "He (solicitor) asked the questions and I answered them" a bit novel, as the notes were taken by a woman.
I would like us to act together, but we don't get on, and there's no point trying.  I'd rather appoint a legal entity to do it, then I can't be accused of stealing.

What exactly are you appointing a solicitor to do?
If you're being accused of stealing and the police are involved then you'll need a solicitor who deals with criminal defence.

wilfred30

My interpretation of your posts is that you are basically saying that, until such time as your sister made a new Will, you were to receive 100% of her Estate and your brother nothing.

She subsequently made a new Will leaving everything to you and your brother 50/50 and if, as you say, your brother pressured her into changing her Will to include him, at least he was being fair to you.

You, on the other hand, want 100% of the inheritance leaving your brother with nothing.

If the matter went to Court, who do you think a Judge would agree with?  If you asked 100 people, I'm pretty sure you wouldn't like the answer.

Please correct my interpretation if it's wrong!

pphillips

wilfred30 said:

My interpretation of your posts is that you are basically saying that, until such time as your sister made a new Will, you were to receive 100% of her Estate and your brother nothing.

She subsequently made a new Will leaving everything to you and your brother 50/50 and if, as you say, your brother pressured her into changing her Will to include him, at least he was being fair to you.

You, on the other hand, want 100% of the inheritance leaving your brother with nothing.

If the matter went to Court, who do you think a Judge would agree with?  If you asked 100 people, I'm pretty sure you wouldn't like the answer.

Please correct my interpretation if it's wrong!

I sense a Jarndyce v Jarndice in the making, where the legal costs go on to devour the estate until there is nothing left!

Gavin83

wilfred30 said:

My interpretation of your posts is that you are basically saying that, until such time as your sister made a new Will, you were to receive 100% of her Estate and your brother nothing.

She subsequently made a new Will leaving everything to you and your brother 50/50 and if, as you say, your brother pressured her into changing her Will to include him, at least he was being fair to you.

You, on the other hand, want 100% of the inheritance leaving your brother with nothing.

If the matter went to Court, who do you think a Judge would agree with?  If you asked 100 people, I'm pretty sure you wouldn't like the answer.

Please correct my interpretation if it's wrong!

I've interpreted it as that too. OP is that correct?

If it is then I'm sorry OP but you are coming across as the greedy and unreasonable one here. If your brother pressured her to change the will at least he considered you equal, there clearly wasn't that level of respect in reverse. She had 2 (presumably!) siblings and a 50/50 split seems reasonable. It also puts you in an awkward position. If you're trying to claim the entire estate he really has nothing to lose by dragging this through the courts and it's likely to swallow up most of the estate in huge legal fees and you also likely won't receive a penny for years while it's disputed.

Depending on the size of the estate and assuming you win fighting this could leave you with less money than just agreeing to the 50/50 split. I'm also not at all convinced you'll win your case as 50/50 seems the most reasonable option to an outside observer.

By far the best option is to come to an agreement with your brother.

xylophone

In fact, he las lied blatantly to his own solicitor about a number of things, and has even tried to avoid probate.

As there is a property involved he cannot "avoid probate" if he wishes to sell it.

https://www.co-oplegalservices.co.uk/probate-solicitors/what-is-probate/

Probate is Required in England or Wales when:

• Property (houses, buildings or land) is owned by the deceased.