Executor

Friend2020

Please could I ask for advice, it has come to light that my mum changed her will in 2015 shortly after my dad passed away and after she was diagnosed with dementia.
My brother had POA and my mum was placed in a care home.
So now my mum has passed away and my brother and his wife are executors on her will.
As he has had control of her finances there seems to be no need for probate.
How do the beneficiaries of her will find out the value of her estate (no property to be sold) and ensure they receive what is due as there seems to be no accountability?

Flugelhorn

If you are a residual beneficiary ie someone who doesn't receive a specific amount ie "I leave my nephew Fred £100" but are left say equal shares in the remainder of the estate, then you are entitled to have a copy of the estate accounts.

Linton

If you are a residual beneficiary (the exact amount is not specified in the will, but rather you get what's left or you get a %) the executors should supply you with accounts showing the estate value and how it was disposed of as expenses, taxes and bequests. If you are bequeathed £X you do not need to see the accounts, you get what was due.

There is no way of confirming whether the estate value given in the accounts is correct.   If it is obviously wrong, eg some valuable item you know your mother owned but was not included, then you could get a solicitor involved. But going to the law is likely to be time consuming and expensive, and possibly not successful.

Mojisola

Friend2020 said: 

So now my mum has passed away and my brother and his wife are executors on her will.
As he has had control of her finances there seems to be no need for probate.

That's not a valid reason for not getting probate.
If the estate is very small, probate might not be needed.  If that's the case, it will be very difficult for you to find out facts about your mother's estate. 

xylophone

it has come to light that my mum changed her will in 2015 shortly after my dad passed away and after she was diagnosed with dementia.

A solicitor was consulted?

Just because there was no property involved does not mean that there was no requirement for probate.

https://beyond.life/help-centre/admin-legal/when-is-probate-required/

Brynsam

Friend2020 said:

Please could I ask for advice, it has come to light that my mum changed her will in 2015 shortly after my dad passed away and after she was diagnosed with dementia.
My brother had POA and my mum was placed in a care home.
So now my mum has passed away and my brother and his wife are executors on her will.
As he has had control of her finances there seems to be no need for probate.
How do the beneficiaries of her will find out the value of her estate (no property to be sold) and ensure they receive what is due as there seems to be no accountability?

Someone who has been diagnosed with dementia may still be able to complete a valid will, providing they are in a period of lucidity and capable of understanding what they are doing at the time. Given this happened shortly after your father's death, it could be that your mother was indeed lucid enough to recognise the need to update her will. I wonder who witnessed it - hopefully a doctor or other member of the care team?

Assuming the will is valid, probate may be required depending on the value of her assets. Just because your brother had POA and is named as one of the executors isn't relevant to whether or not probate will be needed.

Your starting point seems to be that you don't trust your brother and his wife. Have you simply asked them for a copy of the will, rather than going into a tizzy about how to ensure you get your inheritance (always assuming you are a beneficiary under the terms of the will)?

Friend2020

I have a copy of my mum's latest will, it was witnessed by two employees of the will writers Heritage. I know will writers are not regulated. I believe my brother influenced her amendment, namely 70% going to him and his family, and 30% to my family. I do not trust my brother as he has been to prison for theft and false accounting. I would just like to ensure that he is accountable ie the 30% share, could be what ever he chooses it to be.

Flugelhorn

Friend2020 said:

I have a copy of my mum's latest will, it was witnessed by two employees of the will writers Heritage. I know will writers are not regulated. I believe my brother influenced her amendment, namely 70% going to him and his family, and 30% to my family. I do not trust my brother as he has been to prison for theft and false accounting. I would just like to ensure that he is accountable ie the 30% share, could be what ever he chooses it to be.

oh my goodness - that is difficult.  Hopefully Heritage were confident that she had capacity at the time. Pity there weren't two executors named

Friend2020

I have little faith in Heritage, and believe if my mum had been been given the opportunity to go home and "sleep on it" the outcome would be very different.
There are two executors, my brother and his wife.
Thank you for taking the time to responed.