Is this legal

jo.anne

Hi
I have started a thread about this but it was a while ago and not had any further correspondence and really need some advice.
To put it in a nutshell, my ex partners last remaining parent died around 18 months ago with no will being left.
 There are 3 brothers in total with brother A still living at the family home and had never left home (he is aged about 47).
When the last parent died the brothers B & C got together with brother A and it although nothing was made clear B & C more or less said they would let the brother A apply for probate. Months down the line there seemed to be nothing going on and it then seemed brother A had closed his fathers bank accounts and told the brothers what amounts had been in them, this was just his word which they assumes was true. Brothere B & C were under the impression that probate had been applied for by Brother A and he would then organise a valuation of the house. Around 14 months after this when it was checked online, brother A had never applied for probate, nor organised a valuation of the home. He then transferred both around £12000 each and said it was from various banks and then said he would apply for probate (not giving any reasons why he had not done it originally). Brothers B & C mediated with brother A to find out the actual monies left as they felt he was not being truthful he was very vague about monies that had been in the bank accounts when he closed them ( I did mention to the brothers it was concerning he had managed to close bank accounts with no letter of administration has the accounts had been closed early on after their parents passing) Eventually probate was granted about 14 months after parents passing. Brother A was by this time avoiding calls and visits and said he said he had thrown all statements away so could not let them know the amounts in them. Eventually one of the brothers C got advice from a solictor in May this year and this solicitor suggested Brother C put around £2000 in a bank account and then they would just send letters asking for these statements and house valuation and they would just keep taking the money out of the account when these letters were sent. Brother A has told the solicitor he can only find statements for 2 accounts and not the 3rd, he as also not had a valutation  and brothers B & C are saying he is not likley rushing becuase he is living there rent free. Brother C reckons the house is worth around £190k. 
Is what brother A doing illegal, is it allowed and does anyone have any suggestions on what Brother C can do, he did read that any money he uses of his can be claimed back off the estate it it seems there is unreasonable delay and I also reeseached TOLATA, is this something that can be done. I am aware this is long but no idea what he can do and solicitor also seems to be dragging their feet.

sheslookinhot

Whose name is the house registered to ? Is it possible Brother A has changed the deeds to his own name ?

Is the house in a condition it can be marketed ? Can brother A “afford” to buy out Brothers B & C ? Nothing to stop Brothers B or C applying  for probate and ultimately putting the house on the market.

jackieblack

With regard to the bank accounts, most banks allow withdrawal/closure up to a certain value on sight of the death certificate, without probate. eg for Halifax/Lloyds/BOS the limit is £50k

jo.anne

@shelookinhot, is this something brother A can do change the deeds to his name after their fathers passing. Is there anyway you can find out who owns a house?

Grumpelstiltskin

Use this website.

HM Land Registry - GOV.UK

I think it costs £7 to check.

Section62

jo.anne said:

@shelookinhot, is this something brother A can do change the deeds to his name after their fathers passing. Is there anyway you can find out who owns a house?

As Grumpelstiltskin says, from the Land Registry (if the property is registered).

Separately - again only if the property is registered - you can set up a property alert with the Land Registry which will let you know if certain types of activity/applications are made.  You don't need to own the property to set up an alert on it.

https://www.gov.uk/guidance/property-alert

Alderbank

sheslookinhot said:

Whose name is the house registered to ? Is it possible Brother A has changed the deeds to his own name ?

Is the house in a condition it can be marketed ? Can brother A “afford” to buy out Brothers B & C ? Nothing to stop Brothers B or C applying  for probate and ultimately putting the house on the market.

There is now - Brother A has applied for and been appointed sole administrator.

Where there is no will an administrator for the estate is appointed by the court, following strict rules. Those rules were followed here.
Alternatively, a group of (up to 4) siblings could have worked together to submit a joint application to probate for them all to be appointed co-administrators, but this did not happen.

sheslookinhot

Yes, I had overlooked the part where Brother A had eventually been granted probate. However, Bros B & C could challenge this decision if Bro. A is not "playing ball" or being disruptive in administering the estate.

sheramber

Do the brothers know the bank and account numbers?
 When I closed an account the  bank told me I could request  statements  for 6 years. 

jo.anne

Thanks everyone, the brothers do not know the account numbers, just all put their trust in brother A.  Update is solicitor has requested bank account details from death to close of account, house valuation, any pensions and estate details from brother A and the solicitor as requested these within 7 days due to original letter asking for these was in March 25 which he as not supplied. The letter also stated he has a duty as administrator to provide all these details and also not to profit from the estate, it added if these details are not given then a request to remove him as administrator can be applied for and any costs would be payable by him. At present to get to this stage it has cost brother C £2400 for the solicitor. Just wondering is it costly to remove someone as adminstrator?

AP3

I found this: https://www.inheritancedisputes.co.uk/news-articles/cost-of-removing-an-executor.html which says it can cost from £10k to £30k. Insane money.