Probate question

RAS

If Savvy_Sue is correct, then it sounds like the divorced brother needs to go back to the Indonesian "executor" of his father in law's estate and ask what happened to the money left by father in law?

And perhaps clarify if he receives the money when his mother dies, or when his ex-wife dies? Something could have got scrambled in translation?

If it is after his mother's death, he needs to ask where the money is and what proof they need to release it?

macman

I'm struggling to see the relevance of any Indonesian law here. If mother was domiciled in the UK, died here and all her assets are here, then the estate must be distributed according to her will and in line with UK law.
OP, when you apply for probate, it is normal to publish a Section 27 notice in the Gazette and the local press. Any potential claimants on the estate then have the opportunity to lodge their claims with the executors. If they fail to do so, then they cannot claim retrospectively, so the executors (you) are protected.
Your first action must be to get your brothers to formally agree to relinquish their roles as executors, or to agree to the appointment of a lawyer to handle probate who is acceptable to all 3 of you.
£2-3,000 for handling probate would be extremely cheap, even for a simple estate. That represents maybe 10-12 hours work at typical rates.

RAS

If brother's Indonesian father in law left a conditional bequest to brother, I'd expect that to be dealt with by the father in law's executor under Indonesian law. Nothing to do with mother's estate under English law.

Even Scottish and English property owned by the same person are dealt with separately.

Flugelhorn

Sounds bizarre, l??ex father in law dies, money gets sent to mother in England to look after. Something scrambled in translation - maybe when ex mother-in-law dies or ex wife. 

xylophone

I can't get to grips with this at all.


As far as I can gather, the OP's parents were UK residents and made their wills under UK law.

Father died  some years ago, leaving his estate to Mother.

Mother has now died and left her estate to be shared equally between  the OP and his two  brothers -  all  three are named executors of her will.

Mother's estate consists of her house and a couple of bank accounts.


One of the OP's brothers married (and later divorced) an Indonesian woman.


His ex wife's father left him money in his will but (according to the brother), under Indonesian law, he can only benefit from this bequest now that his own mother has died.


Is he claiming that the bequest was sent to his mother and that she had the use of the income arising until her death?

If so, as the OP states

I cared for mum and did all of her finances etc

the OP would surely know about it?


The OP's brother needs to check with the executor of his ex FiL's will - it seems far more likely that the FiL's will created some sort of IIP in favour of his own wife such that his son-in-law, (the OP's brother), could only inherit after her death, not the death of his own mother.

xylophone

OP,  have you read

https://www.gov.uk/applying-for-probate/if-youre-an-executor