One beneficiary is living in the family home . Will shares the property to the three children .

Manxman_in_exile

Dymphna60 said:

...

However as an unconnected outsider I do not see an awful email from your sister .

I see evidence of conflict in your relationship and exasperation. 

You have already accused her of undue influence on your mother to cut you out of the will which she has provided you a copy of the will to see that this is not true . 

It is less than 3 months since your mother’s death . 

She says that her and your brother as executors , are preparing to apply for probate .

...

Obviously we don't know everything that has gone on between the members of the family, but I agree that that email doesn't seem particularly awful.  In fact I thought it rather well drafted and quite restrained to me.  I've seen a lot worse within families!

And bearing in mind the relatively short time since the death, perhaps the OP is being a bit impatient?

Having said that, however, the email clearly shows the sister's intention to remain in the property despite what (I presume) the will says.

I still think the OP needs to get his brother to understand clearly that his brother and sister - as executors - are legally bound to follow the express terms of the will, unless they can agree some compromise between them.

LUTONTOWN1

     I thank everyone for their input .
      And yes I can be impatient and insensitive ,  I suffer unfortunately from depression and anxiety, and can get on "a high" to over compensate. It can cause me to seem heartless and uncaring .   I very often "put my foot in it " .   
                                           My point on the email , it seems to state that she just is unaware that as an executor she must act fairly to all parties and not just see it from her point of view . 
                                   She just can not add a  .. but .   But "Simon said "  means nothing in law .                    The reverse is , if I was living there ,not paying rent to the other co owners . And turn around told them ,"sorry I got the say so to carry on living here as long as I want ". 
                         Would either of them  say             "okay that is fine not a problem its acceptable  we will  carry on struggling on benefits ".   ANSWERS BELOW . 

RetSol

I find the email evasive.  I do not see any evidence that the executors are actively preparing to make the application for probate. 

Although it is still relatively early days, it is presumably getting on for 3 months since the funeral. 

It is also less than helpful for the executors simply to tell the beneficiaries to get lost until probate has been granted. 

I suggest that the OP approaches both the executors jointly in writing to ask them to apply for probate by a given date, to tell him if there will be difficulties with meeting this date and to keep him informed of progress. 

The sister has still to adjust to the mother's death emotionally, practically and financially but the email makes little concession to the realities of the situation and contains little of reassurance to the OP. 

It is going to be a case of slowly getting the executors to accept their responsibilities. From previous posts, it appears that a degree of delay may be in the OP's interests. 

An advantage of making clear requests in writing is that if the OP has eventually to instruct solicitors - and it may be worth it given the value of the estate - he will have evidence of any obstructiveness on the part of the executors. 

LUTONTOWN1

                       I thought  I might  be paranoid ? But went back and found these facebook comments by my brother when my father became ill . She was trying to take control back then . 

LUTONTOWN1

      Should a trustee or executor  act without  prejudice or favour ?  And if they show prejudice towards beneficiaries, and stated that they will take action that favours themselves  ,would that not be misconduct ?  

xylophone

The duty of the executors after the payment of all expenses and taxes is to carry out the  instructions of the testator as expressed in his/her will.

They may not favour themselves (if they are also beneficiaries) nor any one beneficiary over another, nor include any non-beneficiary (except with the express consent of any beneficiary who may be adversely affected by a variation).

LUTONTOWN1

xylophone said:

The duty of the executors after the payment of all expenses and taxes is to carry out the  instructions of the testator as expressed in his/her will.

They may not favour themselves (if they are also beneficiaries) nor any one beneficiary over another, nor include any non-beneficiary (except with the express consent of any beneficiary who may be adversely affected by a variation).

                        Is this a section taken from the official guide lines ? If it is where can I find it ?  So the question remains is the predetermination from one executor reason to seek their removal ?  

RetSol

This is a useful article about the mechanics of objecting to the appointment of, and removing, an executor - https://www.wrighthassall.co.uk/knowledge-base/removing-and-substituting-executors#.

If the executors refuse to apply for probate, a beneficiary can seek a court order to permit the beneficiary to apply. 

LUTONTOWN1

              Am I wrong in expecting , whoever is occupying the family home should be paying a rent ? Money to go into the assets of the estate , and when probate is granted , settled according to the terms set out in the will ?   

p00hsticks

LUTONTOWN1 said:

              Am I wrong in expecting , whoever is occupying the family home should be paying a rent ? Money to go into the assets of the estate , and when probate is granted , settled according to the terms set out in the will ?   

I seem to recall when this subject has come up before on these boards that the consensus has been that no rent is due, but that the occupant should immediately take over paying the utility bills, council tax etc - but I can't find a link to supprt that view at present.