Estranged Brother & Distribution of Father's Will

AllotmentGardener

Hi, unfortunately my dad has terminal cancer, the good news is there's a will which splits his estate three-ways between myself and two brothers.  As the oldest child, I'll be an executor.  The problem is my dad and one of my siblings are estranged and do not talk - however, my dad would still like to leave a third of the estate to him.

There are three potential scenarios.  First, my brother accepts his part of the estate.  Second, he rejects the estate's offer, potentially leading to that part of the estate being redistributed.  The third scenario is there's no response at all, no acceptance or rejection.  My brother lives in New Zealand, is unmarried and has no children.

My question is what's the best course of action if there's no response?  I'm concerned that part of the estate would be unresolved with no clear path.

Thank you

lisyloo

Why not get in touch with your brother and discuss it now.
Then the will could be changed whilst your Dad is alive if necessary.

Marcon

AllotmentGardener said:

Hi, unfortunately my dad has terminal cancer, the good news is there's a will which splits his estate three-ways between myself and two brothers.  As the oldest child, I'll be an executor.  The problem is my dad and one of my siblings are estranged and do not talk - however, my dad would still like to leave a third of the estate to him.

There are three potential scenarios.  First, my brother accepts his part of the estate.  Second, he rejects the estate's offer, potentially leading to that part of the estate being redistributed.  The third scenario is there's no response at all, no acceptance or rejection.  My brother lives in New Zealand, is unmarried and has no children.

My question is what's the best course of action if there's no response?  I'm concerned that part of the estate would be unresolved with no clear path.

Thank you

Nothing you can do at this stage except wait and see; there's no point worrying about what to do until it comes to pass. Ultimately if he is unresponsive, you could need a court application so they can decide what to do.

I think focussing on the time your dad has left with you is the top priority. He's already confirmed he wants your sibling to inherit, so changing his will isn't on the cards.

Have you contacted your brother to let him know how ill your (and his) father is?

Keep_pedalling

This might be of help if it comes to it.

https://www.thegazette.co.uk/all-notices/content/103920

MarzipanCrumble

As someone who has been in your brother's position, please try to contact him - I would advise just the facts with a prognosis and contact details for both you (the notifier) and your father.  Give addresses, email address and possibly mobile number but maybe not that of your father.

Hoenir

Reach out with the current news. Then let matters lie. 

Spendless

Are you estranged from the sibling too or still on good terms? Last year my Nan's will had the same situation - the money shared between me, sis and our Mum . Sis has been estranged from our parents for almost a decade and isn't on speaking terms with me (sis was also estranged from our Nan who had threatened to disinherit her but never did) . Mum was the sole executor and I also thought she potentially faced a headache when it came to sis. As it happened, Mum sent a cheque with a copy of Nan's will to sisters address and she cashed it the same day (Mum sent it signed for post). Mum always expected sis to take the money left to her ,so what is the gut feeling about what your sibling will do? 

Flugelhorn

I agree with the others that you should contact your brother if possible now to let him know how his father is - easier now than just contacting him after the event when you are trying to sort the estate