We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Probate granted

Driftingleaf
Driftingleaf Posts: 41 Forumite
Third Anniversary 10 Posts
edited 1 November 2021 at 10:14PM in Deaths, funerals & probate
Thanks for advice.

Comments

  • Browntoa
    Browntoa Posts: 49,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The solicitor will divide the estate as per the instructions in the will . What your brother thinks or says are immaterial
    Ex forum ambassador

    Long term forum member
  • p00hsticks
    p00hsticks Posts: 14,891 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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.
  • p00hsticks
    p00hsticks Posts: 14,891 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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.
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    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.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 353.7K Banking & Borrowing
  • 254.2K Reduce Debt & Boost Income
  • 455.1K Spending & Discounts
  • 246.8K Work, Benefits & Business
  • 603.2K Mortgages, Homes & Bills
  • 178.2K Life & Family
  • 260.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.