Contradictory advice from solicitors

Brighte

good afternoon all

I have a slightly complex situation that I would appreciate advice on

Almost 2 years ago my father died. A week later my mother also passed away. Although they had been divorced 30 years, my father left half his estate to my mother

My mother’s estate is being dealt with by a local solicitor as of the two named executors one is deceased and one did not wish to be involved. The estate is split between myself and my brother. Due to my brothers mental health, I have been the main contact

my fathers will is being dealt with by a separate firm. His will left half his estate to his partner and half to my mother. Following discussions a variation was agreed, so basically it didn’t go into my mothers estate, it would go to myself and my brother.

My mother’s estate is now ready for completion.my fathers isn’t (due to changes in valuation of some investments) but they have proposed making an interim payment. Unfortunately, due to my brothers mental health, he does not wish to engage with the solicitors and is not replying to any of their correspondence. He has stated he wants me to ‘keep hold’ of the money until he feels better. I am happy to set up a separate account and hold it for him.

One solicitor has agreed to this. The other is stating that they can not pay to any bank account other than one held by my brother, and cannot proceed without his confirmation of details ( he also doesn’t have an active bank account at this point)

We seem to be at a stalemate, and I can not figure out why one solicitor is willing to proceed when the other isn’t.

Does anyone have any similar experience/ advice? I am continuing to try and talk to my brother and will visit to try and get him to respond, but I am not willing to risk further deterioration in his mental health, and for some reason the thought of having this inheritance is causing him great anxiety.

gwynlas

Perhaps you could set u a Lasting Power of Attorney in order to deal with your brothers financial affairs.

It would be up to you both how often you used this.

Keep_pedalling

Would he be willing to open a joint account with you?

Brighte

@gwynlas i have suggested but he won’t think of it- it’s difficult to explain these things to him as it causes concern

@Keep_pedalling he doesn’t leave the house and does not have any internet or email.

Marcon

Does anyone have any similar experience/ advice? I am continuing to try and talk to my brother and will visit to try and get him to respond, but I am not willing to risk further deterioration in his mental health, and for some reason the thought of having this inheritance is causing him great anxiety.

Have you been able to check if the cause of that anxiety is his fear that the inheritance will impact on any benefits he is currently receiving?

Brighte

@Marcon i think that is definitely in the mix somewhere, but in with a lot of other factors. He attempted suicide after our mother died, and his relationship with both parents was complex, so there are I think a lot of different emotions. He has been diagnosed with a mental illness, and he shuts of the conversation or gets angry if I try to ask any questions or give any advice or try and assuage his anxiety. His relationship with me has also not always been positive ( due to his past behaviour) but I am trying to be as supportive as I can as we are the only ones left in our immediate family.

Brie

No advice for you but I do hope you can get this resolved.

gplion55

Talk to your own solicitor about it and see if he has any solution or advice.

sheramber

Would a Disabled Person’s Trust be possible?