Living abroad - executor of will

littlebittyme

My father passed away recently, and both my brother and I are named executors of the will, with a 50/50 spilt of his property and land.

I live abroad and wonder how this works? My brother should lodging the Will with the Sherif Clerks office in Scotland but how does it work for me, do I need to do anything?

Also, I don’t particularly trust my brother (I can well imagine he’ll start selling stuff without me knowing and before Probate/Confirmations is given).  How can I go about protecting my side of this?

buddy9

littlebittyme said:

My father passed away recently, and both my brother and I are named executors of the will, with a 50/50 spilt of his property and land.

I live abroad and wonder how this works? My brother should lodging the Will with the Sherif Clerks office in Scotland but how does it work for me, do I need to do anything?

Also, I don’t particularly trust my brother (I can well imagine he’ll start selling stuff without me knowing and before Probate/Confirmations is given).  How can I go about protecting my side of this?

If your brother is applying for Confirmation, then the application will name you as a co-executor, but the application only requires his signature. 

Thereafter, you may find situations where as co-executors, both signatures may be required to progress matters. In a ‘trusted’ situation an overseas executor might decline the appointment leaving the other executor sole responsibility.

There is no easy answer to the issue of ‘trust’. If a solicitor is appointed, perhaps their oversight may assist.

Marcon

littlebittyme said:

My father passed away recently, and both my brother and I are named executors of the will, with a 50/50 spilt of his property and land.

I live abroad and wonder how this works? My brother should lodging the Will with the Sherif Clerks office in Scotland but how does it work for me, do I need to do anything?

Also, I don’t particularly trust my brother (I can well imagine he’ll start selling stuff without me knowing and before Probate/Confirmations is given).  How can I go about protecting my side of this?

Plenty of info on the internet. This might be particularly useful: https://www.myprobatepartner.co.uk/the-ultimate-guide-to-probate-in-scotland (scroll down to the section headed "I'm an executor living abroad...").

In terms of protecting yourself if your brother is going to behave as you believe, then there are limited options. Depending on the value at risk, coming back to this country and making an inventory with both you and your brother present would look a good one.