Is the validity of this will questionable

jack2020

A dear family friend has recently died leaving a will to me( I am the executor ) for  all his  property both movable and immovable , this is including the house in which he resided . It now appears that he had an estranged brother and the property A/A is still belonging to their mother's estate as probate for his mother had never been obtained some 20 years ago and the property still belongs to her . His brother is saying that the property is not the testators to give away and he also wants rent for his half of the property in which my friend ( his brother ) had lived in for all those years plus interest on top of this and says it was a family verbal agreement  . What are this forum's opinion on this situation , Advice would be much appreciated 

sammyjammy

If mothers will never executed that needs to happen first.  Anything he says based on verbal agreements only hold no basis.  Clearly if mother left half to each son half the house now belongs to him and you have been willed the deceased brothers half of the house.

msb1234

Did his mother die intestate? If so, the house should be split between all her children. If she left a will, it should have been sorted out! Was your friend the executor of that will?
Verbal agreements don’t hold any sway over legal rules. If your friend knew that half the house should have gone to this other brother but did nothing, then the other brother may have a strong case.

Sea_Shell

Your friends will may be valid.

But, his estates assets may not include all you think it does.

Mum's estate needs to be dealt with properly first.  Only then will you be able to administer your friend's estate.

Keep_pedalling

Even if his mother left her estate 50/50 he cannot claim rent and interest he brother had a right to live there rent free. 

Are you making an assumption that probate was not obtained or have you actually checked with the probate office?

If probate was not obtained you need to see if you can find her will. 

jack2020

It looks like their mother died intestate so would the surviving brother need to deal with his mother's estate and then if so how would the property ownership pan out as regards to legal ownership ?

Flugelhorn

yes the mother's estate will need sorting out - the surviving brother would be the person to do this, presumably if it had been done years ago instead then either your friend would have bought the brother out or they would have sold and split the money. Presumably the property will have to be sold after LoA are obtained for the mother and then your friend's estate will consist of the money from a share of the sale.

Keep_pedalling

jack2020 said:

It looks like their mother died intestate so would the surviving brother need to deal with his mother's estate and then if so how would the property ownership pan out as regards to legal ownership ?

You say looks, how much checking have you done? As at least part of her estate forms part of your friend's estate you can administer her estate as well. 

Marcon

jack2020 said:

A dear family friend has recently died leaving a will to me( I am the executor ) for  all his  property both movable and immovable , this is including the house in which he resided . It now appears that he had an estranged brother and the property A/A is still belonging to their mother's estate as probate for his mother had never been obtained some 20 years ago and the property still belongs to her . His brother is saying that the property is not the testators to give away and he also wants rent for his half of the property in which my friend ( his brother ) had lived in for all those years plus interest on top of this and says it was a family verbal agreement  . What are this forum's opinion on this situation , Advice would be much appreciated 

Plenty of well meaning opinions, but as none of them can be based on a full understanding of all relevant facts, they aren't going to help you much. The only 'advice' anyone here can reasonably give is that you need proper legal advice from someone suitably qualified and with the necessary PI cover to give that advice! Given you are seeking the advice in your role as executor, the costs of necessary advice can be paid by the estate.

The title of your thread is whether the validity of the will is questionable. That too is something a solicitor can advise on when they have sight of it.