Suspicious sister

Shezzy1

Sorcerer2018 said:

Shezzy1 said:

The plot thickens. We have received a very nasty e-mail today. She is now threatening the brothers with a police protection order stopping them from entering moms property - she said they are violent I really feel she has lost the plot. 

I don't understand a police protection order is used by police to protect a child in danger, is their a child in danger?

No children involved. I don’t even think police will become involved in civil disputes. 

Shezzy1

Sorcerer2018 said:

elsien said:

Any particular reason why they are carrying on with the probate company she chose?
Just because a) there is no obligation to use any company when they can do it themselves and b) there is no contract between the executors and the company so if there’s any money owing so far and they choose not to carry on with them that would need to come from sister’s share given that she got completely ahead of herself. 

Agreed their is a potential conflict of interest here for the solicitor, they should not be representing you and your sister. They know too much about the case.

It’s not a solicitor who’s involved its a probate company. Sister started the process and the executors have taken over as she was not forthcoming with updating us or able to proceed. We thought it would be easier to continue with what has been started. However, sister has since said she is asking the probate company to discard any application she has made and to start the process again. Which potentially leaves her with a probate bill? 

Shezzy1

Sorcerer2018 said:

If she blocked the probate with a caveat which turns out to be false, the court can reject it and continue anyway. As you say unfortnely all this will cost money, in solicitors or court fees. As far as I can see, she has no reason to stop the probate, if she is not a beneficiary or executer she has no right to know anything about the will or even look at it. It does sound like she's trying to hide something from the executers, need to check those bank accounts very closely.

She is a beneficiary 

elsien

Sounds like she’s got her warnings mixed up and could mean a harassment notice? 

Shezzy1

thegreenone said:

Lost the plot or trying to scam your Fiance and his other siblings from inheritance?  I assume the Executors can counter and have her barred from the property?
As Executors, can your Fiance and brother contact Land Registry and put a marker on the property ie that it is not to be sold/equity release etc without their authority?  Others will come along and explain it better.   It does sound as though her and youngest brother (YB) have been helping themselves.  What does YB have to say?  I hope the bank statements are not too horrifying when you get to see them.

I will advise them on this; I think they need a solicitor involved. She is also making person accusations and bullying comments to my fiancé. He is quite hot hotted but keeping his calm at he moment. 

Shezzy1

elsien said:

thegreenone said:

Lost the plot or trying to scam your Fiance and his other siblings from inheritance?  I assume the Executors can counter and have her barred from the property?
As Executors, can your Fiance and brother contact Land Registry and put a marker on the property ie that it is not to be sold/equity release etc without their authority?  Others will come along and explain it better.   It does sound as though her and youngest brother (YB) have been helping themselves.  What does YB have to say?  I hope the bank statements are not too horrifying when you get to see them.

If the brother is continuing to live there, surely it’s up to him who he invites to the property? If he wants her to visit him would the executors be able to ban her? 

Anything that’s going to escalate things further is probably best avoided unless there’s no other option. 

The brother living in the property and the sister creating chaos  live in each other’s pockets. She manipulates him too. I feel they were up to something together and have now been stopped which is causing frustration and anger.  

xylophone

However, sister has since said she is asking the probate company to discard any application she has made and to start the process again.

But she has absolutely no authority to act! There is a valid will and two living executors!

With regard to the property, it has been left in a right to occupy/interest in possession trust where the immediate beneficiary is the sibling who lives in the property.

See https://forums.moneysavingexpert.com/discussion/comment/78321137/#Comment_78321137

It seems to me that the executors should not delay in taking their own legal advice.

Keep_pedalling

Have to agree with the above, the executors need to appoint a solicitor to assist them and not use the company the sister engaged. She will be responsible for paying their costs as she appointed them, although I am surprised they did not point out that she had no authority to act once they had seen the will.

Tedandbud20

Hi I'm new to here. Just after a bit of advice. My partners late mum has left my partner with a life interest in her will. But he has a brother who is also a beneficiary and an executor. As my partner has been given a life interest in the property, can his brother come as he pleases to the house? I.e have keys and come and go as he pleases. Surely my partner has his rights to his personal space. He also pays all the bills and keeps the house maintained. His brother is now demanding keys. How does my partner stand? Thankyou for any replies 

p00hsticks

Tedandbud20 said:

Hi I'm new to here. Just after a bit of advice. My partners late mum has left my partner with a life interest in her will. But he has a brother who is also a beneficiary and an executor. As my partner has been given a life interest in the property, can his brother come as he pleases to the house? I.e have keys and come and go as he pleases. Surely my partner has his rights to his personal space. He also pays all the bills and keeps the house maintained. His brother is now demanding keys. How does my partner stand? Thankyou for any replies 

Welcome to the board, but you need to start a new thread of your own rather than piggy back on someone elses.... (you should be able to see a pink 'new thread' box at the top left of the board page - click on that)

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