Estate funds

P2P
P2P Posts: 37 Forumite
in Deaths, funerals & probate
Hi,
Another question if I may.
When my fathers estate comes into funds, can the way the assets are being distributed i.e. property and money be challenged before it is actually shared and if so what is the process.
I am concerned at the moment that when we finally get to a position whereby the house is sold etc that my brother will simply split proceeds between him and my sister despite his legal responsibilities.
I am trying to pre-empt the worst situation so any help would be appreciated
Thanks,
Robert
«1

Comments

  • Tom99
    Tom99 Posts: 5,371 Forumite
    First Post First Anniversary
    [FONT=Verdana, sans-serif]Who is the executor / administrator of the estate?[/FONT]
    [FONT=Verdana, sans-serif]If that is just your solely brother you can only challenge him [/FONT][FONT=Verdana, sans-serif]after[/FONT][FONT=Verdana, sans-serif] he has distributed the estate incorrectly. If he has not yet distributed the estate there is nothing to challenge him about yet.[/FONT]
  • P2P
    P2P Posts: 37 Forumite
    My brother is the sole executor, but I would like this to be joint.

    As i suspect he will distribute the estate as he sees fit and lives in Spain how would I be able to subsequently challenge?

    I can see what is likely to happen so am just preparing for the worst case scenario.
  • firefox1956
    firefox1956 Posts: 1,548 Forumite
    Get yourself a solicitor ASAP..........
    I will be money well spent.
  • P2P
    P2P Posts: 37 Forumite
    Thanks but that doesn't really help at this stage.
  • Tom99
    Tom99 Posts: 5,371 Forumite
    First Post First Anniversary
    [FONT=Verdana, sans-serif]You could stop your brother from obtaining probate by entering a caveat stating your reasons.

    [/FONT] [FONT=Verdana, sans-serif]If accepted that will prevent your brother obtaining probate for 6 months unless he enters a challenge to your caveat.

    [/FONT] [FONT=Verdana, sans-serif]https://www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation[/FONT]

    [FONT=Verdana, sans-serif]Your brother will be notified of your caveat and maybe you can come to some agreement with him before you withdraw your caveat.

    [/FONT] [FONT=Verdana, sans-serif]It would be a pretty controversial step to take particularly if your fears are unfounded but would at least put your brother on notice.[/FONT]
  • Margot123
    Margot123 Posts: 1,116 Forumite
    Yes, you can enter a caveat but be very sure that you have strong evidence to back up your challenge.
    Simply stating that you don't trust him is likely to be of any use.

    Does he have a poor track record with money? Is he bankrupt? Do you have proof of anything like this?
    Think long and hard about this before entering a caveat or you may be liable for your brother's legal costs.

    Pay a local solicitor a few pounds and get proper advice on this.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    P2P wrote: »
    Hi,
    Another question if I may.
    When my fathers estate comes into funds, can the way the assets are being distributed i.e. property and money be challenged before it is actually shared and if so what is the process.
    I am concerned at the moment that when we finally get to a position whereby the house is sold etc that my brother will simply split proceeds between him and my sister despite his legal responsibilities.
    I am trying to pre-empt the worst situation so any help would be appreciated
    Thanks,
    Robert
    Legally the executor has no option but to distribute the estate exactly as the will directs. Anything esle would be theft or fraud. What actual grounds do you have to believe that your brother will behave illegally?
  • firefox1956
    firefox1956 Posts: 1,548 Forumite
    P2P wrote: »
    Thanks but that doesn't really help at this stage.

    The sooner the better...........
    Before it all gets out of hand.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    First Anniversary Name Dropper First Post Photogenic
    P2P wrote: »
    Thanks but that doesn't really help at this stage.

    Of course it does, its precisely the stage to start action, not afterwards chasing money in a foreign country.
  • P2P
    P2P Posts: 37 Forumite
    Various issues, i.e. he/his solicitor are stating money gifted to me before my Father passed away must be paid back into the estate or it will be taken when the funds are distributed. Storage areas under my parents property where my own contents were kept have been left insecure and items have gone missing. Items in another storage area have now been damaged after brother had garden power washed and water has flooded into this storage area, Basically he is not paying any attention to my property, despite this being stored under my parents house for many years which he has always known about. He has taken items from the property but has not admitted to this despite them previously being on the inventory. He hasn't declared all assets to the HMRC, i.e. jewellery from my Mothers collection, council tax rebates, shares etc, the list goes on and on. Are these grounds for a caveat?
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