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siblings refusing to execute late mothers will

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 I have a sister who, as executor of my mothers will has not carried out her wishes and a younger brother who lives alone in my mothers house, and who believes he has lived there so long it belongs to him.
After my mother died in 2019, I offered to let him stay in the house instead of selling it if he gave me 2 end rooms (my 1/3 of the house share) that I could isolate from the main part and rent out, my neighbour has done exactly that with his house which has the same footprint as ours so I know its possible. But he stated that he does not want strangers in his house and will live there until he dies and then leave his share of the house to my children. 
I eventually contacted a recommended solicitor to find out what my options were. They tried to contact my sister, but after 3 unanswered letters and a bill of 700 pounds, their next advice was to go to court to remove my sister and evict my brother. The problem was that they required a deposit of 10,000 pounds first, which I do not have available. I tried another solicitor who offered to apply for legal aid for me but asked for 1000 pounds for them to make a risk assessment. They did offer me some free advice, to charge my brother rent. Unfortunately they also told me that this is is only effective if he agrees and signs a contract.  I dont really want to end up in court, I was hoping the threat alone would be enough to prompt some form of agreement, but since the solicitor became involved I cannot even get a reply from either of them by social media or telephone.
I live in Thailand which is why my mother made my sister executor and with the never ending Covid it has been impossible for me to go back. With Covid keeping me unemployed like so many others for over a year, my savings are exhausted and I really need  money to live.
If anybody has been in a similar position or used other legal methods, such as suing for loss of earnings or the like then any advice it will be warmly welcomed. Thanks in advance.

Comments

  • Sea_Shell
    Sea_Shell Posts: 10,025 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    Have you actually seen the will, or been sent a copy?

    Who are the beneficiaries?  The three of you, equally?   Does it specifically mention the house anywhere?
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.60% of current retirement "pot" (as at end May 2025)
  • xylophone
    xylophone Posts: 45,610 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What exactly does the will say?

    https://www.gov.uk/search-will-probate

    Does the house still stand in your  late mother's name?

    https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds
  • If your sister is indeed executer and she is not doing anything, you can apply to have her removed and a new executer put in her place. But off course their is a cost to this, and will be difficult to do if you are out of the country. But first off, you need to see the will to understand what it says.
  • Thanks for the replies, in answer to the questions, I am the eldest son and I have seen the will, probate and land registry details, the solicitor was very thorough. There are only 3 equal beneficiaries, myself, my stepbrother and stepsister who is executor. No specific details were included about the house which was still in my mothers name when the solicitor checked. My mother named my children as beneficiaries to my 1/3rd share if she outlived me. ( I have been in remission for stage 3 cancer for several years). 
  • Savvy_Sue
    Savvy_Sue Posts: 47,332 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thinking aloud here. Are your children adults, and are they in the UK?

    Achieving anything without a UK presence is ... tricky.
    Signature removed for peace of mind
  • ,Savvy_Sue said:
    Thinking aloud here. Are your children adults, and are they in the UK?

    Achieving anything without a UK presence is ... tricky.

     3 kids all adults but not in UK, I dont have anybody to act as go between for me, that is one of the problems.
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