Estate

elsietanner71

Hi all

Thanks for all your advice

Flugelhorn

why would you be paying more? would it not be the same amount for each of you from your shares of the house sale? 

elsietanner71

Thanks for your reply but I'm looking at the legalities, not the maths.

bobster2

elsietanner71 said:

Thanks for your reply but I'm looking at the legalities, not the maths.

But your question about was specifically about the legality of the maths...

elsietanner71 said:

My brother has deducted everything from the property sale and nothing from the residuary (in that it was not a specific cash sum). This means I actually pay more than him overall.

Can anyone who understands the law or who has experienced similar help me understand if this is ok? My brother refuses to talk to me.

Surely if you're not actually paying more then your question is moot.

FlorayG

Please explain how you 'are paying more than him'
Did you not pay half of the house sale expenses each? If not, why not?
Your post doesn't make this clear

Keep_pedalling

To me that clause is saying that any expenses related to the house are to be recovered from the proceeds of the house sale, but the OPs sibling is putting all estate expenses against those proceeds where I would expect things like probate fees and funeral expenses to come from the residual estate unless the will states otherwise. 

RAS

elsietanner71 said:

Hi all



The will states re the house sale 'any related interest or expenses are paid by the recipient'. What are these? I assume estate agent fees but does that include house clearance, his mileage, probate and wake expenses?

My brother has deducted everything from the property sale and nothing from the residuary (in that it was not a specific cash sum). This means I actually pay more than him overall.

It appears that in addition to the costs of the house sale, brother has deducted mileage, probate costs and wake?

House clearance is an associated cost, but perhaps not the wake?

FlorayG

I think I'm getting it now...
...any costs connected with the house sale should be deducted from the house proceeds, that would be EA fees, solicitor fees, house clearance, possible fuel costs (NOT mileage at xpence per mile) if necessary to visit before sale complete 
Any costs due to the estate NOT connected with the house sale such as probate, solicitor fees, wake, funeral should be taken from the estate before any money is distributed (or in this case not distributed but handed over) so your brother should not have had the residuary money until all costs were paid, or, he should have paid these costs out of the money bequeathed to him
OP is this what you are asking?

elsietanner71

FlorayG said:

I think I'm getting it now...
...any costs connected with the house sale should be deducted from the house proceeds, that would be EA fees, solicitor fees, house clearance, possible fuel costs (NOT mileage at xpence per mile) if necessary to visit before sale complete 
Any costs due to the estate NOT connected with the house sale such as probate, solicitor fees, wake, funeral should be taken from the estate before any money is distributed (or in this case not distributed but handed over) so your brother should not have had the residuary money until all costs were paid, or, he should have paid these costs out of the money bequeathed to him
OP is this what you are asking?

Exactly what I was asking, thank you.

Thanks to other posters. To be clear, I dont know my half brother at all. He only came back into mums life a couple of years before she died at which point she changed her will in his favour. I dont really want to go into too much detail but suffice it to say, he's hostile towards me.

To replies questioning my question: If estate expenses like probate are taken from the property only rather than all estate monies, clearly I'm paying more from my share.

elsietanner71

bobster2 said:

elsietanner71 said:

Thanks for your reply but I'm looking at the legalities, not the maths.

But your question about was specifically about the legality of the maths...

elsietanner71 said:

My brother has deducted everything from the property sale and nothing from the residuary (in that it was not a specific cash sum). This means I actually pay more than him overall.

Can anyone who understands the law or who has experienced similar help me understand if this is ok? My brother refuses to talk to me.

Surely if you're not actually paying more then your question is moot.

The residuary is 200k left entirely to him, no expenses deducted from that. So yes, proportionately, I'm paying more if certain expenses are applicable only to the residuary under the terms of the will 

maman

Are we to assume your half brother is the sole executor of the will? 🤔