Will won’t be released unless 4 executors agree - brother uncooperative

jimmyn

My parents made a will back in 2002 and i have a letter from the company to say to contact them in event of death. Mum passed 3 years ago and Dad passed away in December. My brother took control of Dads finances back when Mum died and he won’t cooperate on releasing the will. Is there a way to force the will company to share it? Also was told by will company on phone that the house had been left to 4 of us but anyone of us could live in it for a period of 10 years after death of parent as it was in ‘trust.’ Brother now claims there is a new will which was created when he was caring for Dad. What to do as think my brother is trying to claim everything for himself. I can’t speak to brother as he’s just abusive and won’t answer any questions.

Marcon

jimmyn said:

My parents made a will back in 2002 and i have a letter from the company to say to contact them in event of death. Mum passed 3 years ago and Dad passed away in December. My brother took control of Dads finances back when Mum died and he won’t cooperate on releasing the will. Is there a way to force the will company to share it? Also was told by will company on phone that the house had been left to 4 of us but anyone of us could live in it for a period of 10 years after death of parent as it was in ‘trust.’ Brother now claims there is a new will which was created when he was caring for Dad. What to do as think my brother is trying to claim everything for himself. I can’t speak to brother as he’s just abusive and won’t answer any questions.

The will company can't release the original without the consent of all the executors, but ask them to provide you with a copy of the will. You'll need the original to get the grant of probate, but at least a copy will tell you exactly what the will says.

Keep_pedalling

Oh dear what a mess. The clause about any of the 4 beneficiaries having the right to live in the house was poorly thought out and is simply asking for trouble.

If you brother is not open to co-operate then the rest of you are going to need to take action. As already suggested ask for a copy of the will, in addition the 3 of your need to write to him with a demand that he produces a copy of the later will he claims exists, and they if he fails to do this within 14 days you will be taking legal action to have him removed as a named executor.

This could get very expensive. 

jimmyn

So today (brother) has announced there is a will which gives him 100% of house! He said Dad changed his will and he and his partner were made the executors - this is not what my Mum wanted and we are minded to contest this will as brother is a bully and Dad was afraid of him. Where to find a decent solicitor to give me some advice? thanks - so stressful

Marcon

jimmyn said:

So today (brother) has announced there is a will which gives him 100% of house! He said Dad changed his will and he and his partner were made the executors - this is not what my Mum wanted and we are minded to contest this will as brother is a bully and Dad was afraid of him. Where to find a decent solicitor to give me some advice? thanks - so stressful

Unfortunately, what your mum wanted is neither here nor there, given that she died first - unless she left a will with specific instructions? Your post only refers to your parents making 'a' will - did they make one each? 

Before you go any further, ask brother for a copy of this alleged 'later' will and see if he's willing to provide it. Tell him the if he won't, you'll be entering a caveat: https://www.gov.uk/stop-probate-application

That won't solve your problem, but it might make him realise you aren't about to roll over and let him press on regardless. The Law Society's website has a list of solicitors who specialise in contentious probate: https://solicitors.lawsociety.org.uk

Keep_pedalling

Do you have a copy of your mother’s will? Does it say anything about leaving her share of the house to hear children and giving. Your father a life interest? If it does then your brother can’t inherit her entire share.

in your shoes I would be highly suspicious of a will made towards the end of his life under these circumstances. Your brother was in a unique position to apply undue influence on any new will he made especially if he no longer had his full mental capacity. 

xylophone

Where to find a decent solicitor to give me some advice? thanks - so stressful

Google "contentious probate solicitor'.

See https://www.gov.uk/stop-probate-application