Will executor nightmare

Keep_pedalling

I think it highly unlikely that a court would award one beneficiary a bigger slice of the estate, why do you think otherwise?

You say that the house is jointly owned by a HA which means someone should be paying them rent for that portion, who is doing that? Who is paying CT and the utility bills?

Cubicsrube

https://forums.moneysavingexpert.com/discussion/comment/82050540#Comment_82050540

Why would you agree to these terms?

You know that any extra that goes to the brother will either be gambled away or misappropriated by his sister. Execute the will first as written, then decide if you want to make an extra gift to the brother (because that is what you would be doing - and when you think about it like that it probably seems much more pointless). If the brother has an actual mental disability or clinical addiction - versus just being bad with money and lost in life - then giving him extra money is actually the opposite of helping. He needs treatment, which he’s more likely to get if he doesn’t have a lot of cash.

From what you say, it seems like getting the house sold is the only way you and your brother can cleanly separate yourselves from the drama of these dysfunctional siblings. You definitely don’t want to end up being their landlord or joint HA tenants with them.

Midway2942

https://forums.moneysavingexpert.com/discussion/comment/82051289#Comment_82051289

I assume they are paying the HA rent and CT/Utilities, they're being very secretive. Technically they should be paying rent to the estate until the property is sold but asking for that would just be throwing petrol onto the fire at the moment.

Midway2942

Here is a copy of the letter she has sent to the solicitors handling the estate, it appears well written and obviously my half-sister has had help in composing it.

I am **** **** one of the residuary beneficiaries of my mother, **** **** and I understand you are instructed to administer the estate. I am writing to you on a Without Prejudice basis.

I am writing on behalf of my brother **** **** who is a vulnerable adult with mental health dificulties.

Although, like myself, **** is entitled to a one-quarter share of the estate, this will not be sufficient for his needs going forward.

**** has always lived with our mother and has been financially depedent on her his whole life, he is currently long term unemployed and in receipt of benefits.

Having taken legal advice, I believe **** is in a strong position to make an Inheritance (Provision for Family and Dependents) Act claim against the estate. Based on his needs I believe the court would order him to receive a greater proportion of the estate.

Of couse, no one would want to engage in court proceedings with all the costs and family bad feeling it would cause.

By my estimation **** will receive approximately £30000 from the estate. I estimate that if he received £45000 from the estate then this would allow him to buy outright a small property in ******** and be able to be stable financially which is what our mother always wanted.

I therefore would like to propose a deed of variation in that the Will is varied so that **** and **** receive £15000 less from our mothers half of the estate between them and this be given to ****'s share. I am sure this is a good compromise and would be less than any likely award by the court.

Please can you take instruction from ****, the executor on this proposal.

Cubicsrube

Written by AI. Unlikely she has actually taken legal advice.

But two can play at that game! Here's what I learned via AI (massive caveat that of course it can make mistakes, but the links to the relevant case law check out):

• your sister can't file a claim under the inheritance act on behalf of your brother unless she has LPA for him or has been appointed to do because he lacks mental capacity. He has to file his own claim.
• the bar for such a claim to succeed is incredibly high indeed
• the law doesn't automatically privilege biological children over step children
• your brother only has 6 months from probate being granted to file a claim (so get probate ASAP to start that clock ticking)

I note that she cares so much about her brother - but not enough to vary her own inheritance! No, this rebalancing must come from your shares!! No rationale for that.

If it were me: I would instruct the solicitor to write back requesting medical evidence of the brother's disability/vulnerability (the same that a court would require) within a strict deadline, say 14 days, so that you can properly assess the merit of the proposal. Also, remember that the cost of legally defending the will as written comes out of the estate, not your pocket, so every time the solicitor has to write her a letter, it erodes everyone's share. You might informally drop her a text or email to note that, timed to coincide with the solicitor's letter. You might also mention the solicitor's fee schedule.

The one thing I would NOT do is try to placate her away, she has already signaled her intention to be as obstructive as possible so all you will do is encourage her to come back for more.

Midway2942

Thanks for that Cubicsrube. I had always assumed any solicitor costs on my side would have to be paid out of mine and my brothers pockets rather than out of the estate!

And yes I found the fact she's not even suggesting giving her brother any money from her own share very telling indeed, but she's so greedy I'm not surprised.

I'm going to collect bank statements going back several years from her mothers account tomorrow and I expect there will be transactions on them that further weaken any claim. Then it's off to see a solicitor.

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/82051775#Comment_82051775

Sounds like total BS and how come only 2 beneficiaries have to give up part of their inheritance with hers not to be touched?

Midway2942

Another update. I've received my late step-mothers bank statements going back over the last 7 years.

Due to the sheer volume of transactions I'm just approximating the amount, but it seems from the date she entered residential care with dementia (late 2022) and had no access to her bank card, there must be c.£20k of gambling transactions on the account, obviously made by my half-brother. In addition there are many bank transfers to and from her account to his.

I'm speaking to a solicitor next week, but I assume this would be very damaging for my half-sisters claim? Would these transactions be repayable from his share of the estate?

MeteredOut

Will your brother admit the gambling transactions are his? Without that, even though it is patently obvious, you'd have to evidence it was him, and not your step-mother. Which will be very difficult.

Similarly for the bank transfers - he can simply argue it was her money and she was gifting it to him.

Midway2942

https://forums.moneysavingexpert.com/discussion/comment/82072853#Comment_82072853

Well yes, I'm discounting the bank transfers, but considering she was not allowed out of the home unless in the company of her son or daughter she would have no real ability to place bets unless in their company. And I assume the dates of the transactions on the statements could be cross checked with when she was out of the home for any period of time?