Probate question

halftermholsman

Hi
  I know this post will sound a bit mad but I'm hoping someone could advise me. My mum has recently passed away leaving me and my 2 older brothers as executors. Her estate is very simple basically a house ( no mortgage) and 2 bank accounts. I cared for mum and did all of her finances etc. One of my brothers is claiming that his ex father-in-law died and left him money but he only gets it when mum died because of some Indonesian law. He keeps asking where his money is? I haven't got a clue neither did my mum! There is no record of any unusual money deposited in mums accounts its just her and dads (my father is dead) life savings from years ago and her pension. I was just going to apply for probate but these claims are worrying me. Should I get a solicitor to do it instead? Should I put my brothers down as executors or power reserved? The solicitor who has my mum's will has quoted me £2-3000 which seems crazy to me since I've done all the work? Should I just tell my brother to get a solicitor to sort his affairs and I carry on sorting mum's estate as she asked me to? Although his claim sounds crazy could it be true? I just don't want to let me mum down and do everything properly for her. Any guidance would be really appreciated I'm so stressed out by it all.

pogofish

Wha part does COVID play in this?

halftermholsman

Hi That's how she died...should I have put it somewhere else I'm sorry. 

JamoLew

Sorry for your loss

You may get more appropriate help here:

https://forums.moneysavingexpert.com/categories/deaths-funerals-probate

fwor

Was she a British citizen, resident in the UK at the time that she passed away? If so, her assets held in the UK will all be subject to UK rules on inheritance. Indonesian laws don't have any bearing on that process.

Were you and your brothers were all named in the will as joint executors? If so, the three of you have an obligation to act jointly, unless they rescind the role of executor in writing. You must all agree on the various steps involved in handling her estate. This means that if your brother believes that he has some claim in UK law, he must show you and your other brother the legal paperwork on which his claim is based.

halftermholsman

Thank you for replying. Yes she was resident in the UK. He has no legal paperwork. I'm just trying to do the best for my mum. Thanks again. 

naedanger

What did you mother's will state was to happen to her estate? If it was to be shared equally between her three sons then could your brother simply be asking when he will receive his one third share of the estate?

Your brother's claim is far too strange to be believed without evidence.

RAS

Does your brother have any family association with Indonesia?

halftermholsman

Thanks for the replies. Will states everything to be shared equally between the three of us. He married and later divorced an Indonesian woman.

Mojisola

halftermholsman said:

One of my brothers is claiming that his ex father-in-law died and left him money but he only gets it when mum died because of some Indonesian law.

Ask him to show you some evidence of this.  If he can't, just get on with sorting out the estate according to English law.

Savvy_Sue

Can I get this straight? 

3 brothers, A, B and C (you). 

One of A or B married an Indonesian woman, let's call her IW, then divorced her. 

IW's father died, and left A or B some money, which Indonesian law says only comes to him after his mother's death. At least that is what he says. 

IF I've got that right, let him produce the documentation. If he needs to speak to a solicitor specialising in Indonesian law, so be it. 

HOWEVER, with all three of you as executors you could end up in a pickle. Does the other brother agree with you, ie he needs to put up or shut up? That might make life easier. You can't just decide to ignore either of them or 'make' them go power reserved. You may need to instruct a solicitor to write to this brother. But you can instruct a solicitor to do just that one thing, rather than dealing with the whole estate.