Refusing to go to Probate

NorthManc

Hi,
Just after some ideas/advice if possible.
Myself and my brother are executors of my late Fathers will.
My brother is currently living in the house which my dad left for us to be split between the 2 of us in his will.
We don’t really get on for numerous reasons, one being the way he treated my dad when he was alive.
I have contacted him on numerous occasions asking him to sign the forms for it to go to probate which he is refusing to do.
I have contacted him on numerous occasions asking to come to the property to sort out dads things. He says I can come up but then when I do, he will not let me into the property, locking the door and leaving his keys in the lock so I can’t get in.
I have managed to get 2 valuations for the property, but my brother is disputing them saying they are to high, (incase he has to pay me half the value if he wants to stay in the house)
My brother has been refusing to sign the forms for it to go to probate, as he is quite happy living in the property.
This has been going on for 7 months, with the solicitor who is dealing with it stating there is no action I can take unless I take it to court to get him removed as an executor. The solicitor though has stated it could cost up to £20,000, which would not leave much left in the property value.
I have also asked the solicitor whether I can charge rent, but he will not advise on this as he states he is acting for us both.
I have approached another 2 solicitors for advice, but they have both stated it would need a solicitor who specializes in ‘contentious probate’, costing a lot of money.
Just wondering if anyone has been in a similar situation and what actions they took.
Thanks

Brie

Sounds like one of those situations that are going to cost the estate a lot of money which, might in fact mean that you have to pay out as brother isn't cooperating.  I'm wondering though what would happen if you waited outside the house for your brother to leave and just go and change the locks 

Marcon

NorthManc said:

This has been going on for 7 months, with the solicitor who is dealing with it stating there is no action I can take unless I take it to court to get him removed as an executor. The solicitor though has stated it could cost up to £20,000, which would not leave much left in the property value.
I have also asked the solicitor whether I can charge rent, but he will not advise on this as he states he is acting for us both.

If £20K wouldn't leave much value in the property, how much - or possibly how little - is the property actually worth?

Any scope for a bit of bribery if the property is of so little value eg offer him something more than 50% of its value if he plays ball? I appreciate that sticks in the throat, but it may be about the only sensible option open to you.

I wouldn't be worrying about rent so much as things like whether your brother is maintaining and insuring the property.

MattMattMattUK

Marcon said:

NorthManc said:

This has been going on for 7 months, with the solicitor who is dealing with it stating there is no action I can take unless I take it to court to get him removed as an executor. The solicitor though has stated it could cost up to £20,000, which would not leave much left in the property value.
I have also asked the solicitor whether I can charge rent, but he will not advise on this as he states he is acting for us both.

If £20K wouldn't leave much value in the property, how much - or possibly how little - is the property actually worth?

Any scope for a bit of bribery if the property is of so little value eg offer him something more than 50% of its value if he plays ball? I appreciate that sticks in the throat, but it may be about the only sensible option open to you.

I wouldn't be worrying about rent so much as things like whether your brother is maintaining and insuring the property.

I would go the other way, point out to him that unless he plays ball you will make sure he ends up with nothing as as the solicitors fees will eat away at the state and if he causes the issues by being intransigent then that cost can come from his share. 

born_again

Ask him to get a couple of valuations if he wants to buy your half.

NorthManc

Thanks for the comments,
We have had 3 valuations, both of us there.
we have gone for the lower one but he still states it’s worth less.
He wants the property but is unwilling to give me anything,(though he can afford it)
The house is not insured and needs work doing on it. He has contacted me to say the boiler needs replacing which he can get done for nothing as he is unemployed (claiming benefits which I sorted out for him) but he’s refusing this, wants me to get the boiler replaced as it’s ‘half my house’
I cannot have any reasonable conversation with him, I’m at my wits end

Marcon

NorthManc said:

Thanks for the comments,
We have had 3 valuations, both of us there.
we have gone for the lower one but he still states it’s worth less.
He wants the property but is unwilling to give me anything,(though he can afford it)
The house is not insured and needs work doing on it. He has contacted me to say the boiler needs replacing which he can get done for nothing as he is unemployed (claiming benefits which I sorted out for him) but he’s refusing this, wants me to get the boiler replaced as it’s ‘half my house’
I cannot have any reasonable conversation with him, I’m at my wits end

I wondered if benefits played a part in this. Presumably he'd lose at least some of them as a result of this inheritance - although possibly not, if you think the could afford to pay you to keep the property?

MattMattMattUK said:

Marcon said:

NorthManc said:

This has been going on for 7 months, with the solicitor who is dealing with it stating there is no action I can take unless I take it to court to get him removed as an executor. The solicitor though has stated it could cost up to £20,000, which would not leave much left in the property value.
I have also asked the solicitor whether I can charge rent, but he will not advise on this as he states he is acting for us both.

If £20K wouldn't leave much value in the property, how much - or possibly how little - is the property actually worth?

Any scope for a bit of bribery if the property is of so little value eg offer him something more than 50% of its value if he plays ball? I appreciate that sticks in the throat, but it may be about the only sensible option open to you.

I wouldn't be worrying about rent so much as things like whether your brother is maintaining and insuring the property.

I would go the other way, point out to him that unless he plays ball you will make sure he ends up with nothing as as the solicitors fees will eat away at the state and if he causes the issues by being intransigent then that cost can come from his share. 

Except OP would then also lose out, probably by much more than the 'bribery' route. It's not easy to land all the costs on one party, however difficult they are being.

MattMattMattUK

Marcon said:

NorthManc said:

Thanks for the comments,
We have had 3 valuations, both of us there.
we have gone for the lower one but he still states it’s worth less.
He wants the property but is unwilling to give me anything,(though he can afford it)
The house is not insured and needs work doing on it. He has contacted me to say the boiler needs replacing which he can get done for nothing as he is unemployed (claiming benefits which I sorted out for him) but he’s refusing this, wants me to get the boiler replaced as it’s ‘half my house’
I cannot have any reasonable conversation with him, I’m at my wits end

I wondered if benefits played a part in this. Presumably he'd lose at least some of them as a result of this inheritance - although possibly not, if you think the could afford to pay you to keep the property?

MattMattMattUK said:

Marcon said:

NorthManc said:

This has been going on for 7 months, with the solicitor who is dealing with it stating there is no action I can take unless I take it to court to get him removed as an executor. The solicitor though has stated it could cost up to £20,000, which would not leave much left in the property value.
I have also asked the solicitor whether I can charge rent, but he will not advise on this as he states he is acting for us both.

If £20K wouldn't leave much value in the property, how much - or possibly how little - is the property actually worth?

Any scope for a bit of bribery if the property is of so little value eg offer him something more than 50% of its value if he plays ball? I appreciate that sticks in the throat, but it may be about the only sensible option open to you.

I wouldn't be worrying about rent so much as things like whether your brother is maintaining and insuring the property.

I would go the other way, point out to him that unless he plays ball you will make sure he ends up with nothing as as the solicitors fees will eat away at the state and if he causes the issues by being intransigent then that cost can come from his share. 

Except OP would then also lose out, probably by much more than the 'bribery' route. It's not easy to land all the costs on one party, however difficult they are being.

I suspect not, but if someone was being the difficult I would make sure I beat them over the head with the costs, if I had to employ a good solicitor to make sure it stuck, then so be it.

Keep_pedalling

I would send him a letter before action, requesting that unless he signs the paperwork or agrees to renounce his powers within 14 days you will be taking legal action to have him removed as an executor. Explain to him that this is going to cost him a significant amount, if not all of his inheritance. You must however follow this up and speak to a solicitor. 

Marcon

Keep_pedalling said:

I would send him a letter before action, requesting that unless he signs the paperwork or agrees to renounce his powers within 14 days you will be taking legal action to have him removed as an executor. Explain to him that this is going to cost him a significant amount, if not all of his inheritance. You must however follow this up and speak to a solicitor. 

I can see the temptation, but I still think trying the bribery route first is worth a go - and then following your suggestion if that fails.

The trouble with taking legal action to have the brother removed as an executor is that some costs could fall on OP, either directly or by a reduction in OP's inheritance. There's no guarantee that if OP wins and the brother is removed that the brother will have to foot all the costs involved.

Sea_Shell

Whichever way the OP plays this, if the brother digs his heels in for as long as possible, it will be a lengthy and expensive process, unfortunately.  

As you already don't have much of a relationship, then prepare for the long haul.   Dig in, and see it though to the end, and you might (both) get something at the end of it, or you might not, depending on costs vs estate value.

Give up, and you'll likely get nothing, and he'll still be living there.  

There is always the option to renounce and walk away now.   OK you'll get nothing* and he'll "win", but it would save you a lot of heartache, time and mental energy.   

Only you know how much fight you have in you, and the figures involved and what any final inheritance, however small, would mean to your finances.  

Good luck



*Depending on what would happen to his estate, eventually.   Will, or any spouse or children?    Who gets his share?