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Probate granted
Driftingleaf
Posts: 41 Forumite
Thanks for advice.
0
Comments
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The solicitor will divide the estate as per the instructions in the will . What your brother thinks or says are immaterialEx forum ambassador
Long term forum member2 -
What solicitor ? Are you employing them to deal with the whole estate for you or just to handle the probate application?If you and your sibling are co-executors then it's up to you to distribute the estate according to the will, or to agree to engage a solicitor to handle it for you.What you or your sibling have or have not been given before your parents died doesn't have any impact on how the estate is distributed (although it may have affected the calculation of any IHT due). If your sibling has been paying expenses out of their own pocket (for example, paying for the funeral or to insure an empty property) then they're entitled to get those back from the funds before the remainder is distributed.1
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Driftingleaf said:The solicitor asked for details of where to send the money, so I don't think they have any authority to not send me my half and probate is granted and done. Our parents left us an equal split and that is all either of us should get as per the will.
In that case, just give the solicitor your bank details. As a residual beneficiary, you are entitled to see an account of the estate which the solicitor should also provide.
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As a co-executor, you inform the solicitor that 'the sibling' should produce receipts within 14 days, of any extra that they feel are due, and that following these receipts being produced, if they are allowable expenses, then the Estate to be divided forthwith as per the will (50/50).
Else you could ask for 90% (say) of the Estate to be distributed, with 10 % retained to cover any further production of legitimate expenses.1
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