Brother dies new will in the midst of divorce

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  • rose28454
    rose28454 Posts: 4,948 Forumite
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    The executors really should take legal advice. His wife certainly has a legitimate claim to a portion of his estate and it would be better to sort that amicably rather than have this go through the courts as everybody will los3e that way.

    The daughter’s age does not come into is at 18 she is an adult and cannot have her share reduced because she might waste it.
    As I mentioned above a probate  solicitor has been consulted. Our mother died 2 years ago and all five siblings inherited 50k.  All of my brothers had gone on legal fees for the divorce but we think she was on legal aid so fees didnt matter. So we are desperate to avoid legal wrangling with the will. Exactly my sentiments regarding the dayghter. 

    Also my sister in law is convinced he had a load of money stashed away somewhere. The executors have some of his personal bank statements and I have seen them and this was not a man who had money saved. He was paying his bills 50 at a time ( including the mortgage ( there is a small shortfall in the monthly payment there ) 

  • Gavin83
    Gavin83 Posts: 8,743 Forumite
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    Do you know any details of how the property was owned?
  • rose28454
    rose28454 Posts: 4,948 Forumite
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    Gavin83 said:
    Do you know any details of how the property was owned?
    It was owned as tenants in common. I got the solicitor who made his will to check when I collected the will for his signature ( when he was in hospital at the beginning ). He had only made his will the week before the settlement meeting as my sister made the appt so that matters were settled in his head. We now think he new he was dying before he went into hospital 
  • rose28454
    rose28454 Posts: 4,948 Forumite
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    edited 3 January at 10:23AM
    My younger sister is one of executirs and is not realising how importmsnt and urgent a job this is. Although there are 3 other executors 2 don’t have time to get on with the job and the other is the 18 year old beneficiary who is a bright girl but is at uni in her first year so us away from next week. 
    I have administered 2 family members wills already on my own in the last 4 years and it has been suggested I become an executor and  start the process 
    Not sure if this is possible. I know we will need the probate solicitor  as it’s a complicated estate  but all the papers need finding and everything needs to get moving. 
    My sister has not even notified anyone of his death yet even though he died late November !! 
  • RAS
    RAS Posts: 32,613 Forumite
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    You can't become an executor. If your sister renounces, the role can be taken by any beneficiary.

    There is nothing to stop you informally helping your sister in the short-term, as long as you can access the house. But it might be best if she granted you power of attorney. She can then delegate responsibilities as long as she wants. She probably needs some idea of the value of the estate before deciding whether to get a solicitor to handle it, at a cost, or whether to execute formally using a lawyer when needed.
    The person who has not made a mistake, has made nothing
  • rose28454
    rose28454 Posts: 4,948 Forumite
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    RAS said:
    You can't become an executor. If your sister renounces, the role can be taken by any beneficiary.

    There is nothing to stop you informally helping your sister in the short-term, as long as you can access the house. But it might be best if she granted you power of attorney. She can then delegate responsibilities as long as she wants. She probably needs some idea of the value of the estate before deciding whether to get a solicitor to handle it, at a cost, or whether to execute formally using a lawyer when needed.
    Thanks I’ll look into that. 
  • RAS
    RAS Posts: 32,613 Forumite
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    She can use form PA11 to grant you the right to act on her behalf. Link on the gov.uk website.
    The person who has not made a mistake, has made nothing
  • rose28454
    rose28454 Posts: 4,948 Forumite
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    It has come to the attention of the executors that two of the employees of the partnership business my brother had with his estranged wife are hoping to buy the business and they have a backer. The problem is one of those employees is also an executor himself. 
    He didn’t tell the other executors of this plan the information came from the owner of the land where the business is based.  He did tell the  Other executors a few days ago that the estranged wife told him to stop taking bookings for the company as she was setting up a new company in the same name. She was a partner in the business but from what we understand a partnership is dissolved if one partner dies. 
    In principle if the employees want to buy the business that would work as the beneficiary’s share would be turned into cash and the wife would have her share as part of the new business. 
    However the whole estate is subject to probate so I wouldn’t have thought anything could happen before then 
    it’s a gradually opening can of worms. 
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