Difficult Will

FrancisBegbie · 15 May 2018 at 10:48AM

Hi, my mother died and I was appointed executor, as stated on the will.

I have a large number of siblings who are entitled to an equal share of assets and four siblings who are entitled to a piece of jewellery each, as stated on the will.

Communication has been clear with everybody via email, probate has been applied for by another sibling, and we I am In the process of gathering assets ready for distribution.

During this period, there was a request by one sibling to obtain their share of property the deceased owned, which isn't in the will but in trust, that has been equally distributed and accepted by each sibling.

OK, so here the problems start :

1) I have an abusive sister in law who has threatened me and my partner physically many times, sent threatening emails and with my brother, claimed that there are several items they gave to the deceased which they want back immediately and it is my job to do so. They have said they gave her several items such as gold jewellery and a watch, nobody has ever seen these items. I have since replied saying I will only be dealing with my brother who is a beneficiary not his wife my sister in law. He has then sent an letter signed by the two of them and a witness, stating that all communication regarding the estate must be to her and not him even though she isn't a beneficiary, as she is now representing him.

I want absolutely no communication with this person and I am threatened and scared of her. What do I do regarding this?

2) If I want to step down as executor, can I nominate somebody else to do it who feels less threatened, such as one of my brothers?

Brynsam · 15 May 2018 at 11:18AM

You're the executor but another sibling has applied for probate...?

Get some proper legal advice - the sort you pay for, based on a full understanding of the circumstances and, crucially, sight of the will.

AnotherJoe · 15 May 2018 at 11:35AM

Yes , if one if your brothers has applied for probate then leave it all to him to deal,with (assuming he's agreeable) and write a short letter stating you reserve your right as executor) though you should already have done this if he is applying for probate anyway and you aren't.

Playing devils advocate it is possible they did give her the watches etc and it's up,to you what to do- you may decide not to give them back, you don't have to they are after all your mums once they've been gifted) or if you decide to give them but can't find them then obviously you can't and in that case I certainly wouldn't be looking to give equivalent value back, who knows where that could end..

I presume your brothers are not amicable between themselves either ?

Yorkshireman99 · 15 May 2018 at 11:38AM

FrancisBegbie wrote: »

Hi, my mother died and I was appointed executor, as stated on the will.

I have a large number of siblings who are entitled to an equal share of assets and four siblings who are entitled to a piece of jewellery each, as stated on the will.

Communication has been clear with everybody via email, probate has been applied for by another sibling, and we I am In the process of gathering assets ready for distribution.

During this period, there was a request by one sibling to obtain their share of property the deceased owned, which isn't in the will but in trust, that has been equally distributed and accepted by each sibling.

OK, so here the problems start :

1) I have an abusive sister in law who has threatened me and my partner physically many times, sent threatening emails and with my brother, claimed that there are several items they gave to the deceased which they want back immediately and it is my job to do so. They have said they gave her several items such as gold jewellery and a watch, nobody has ever seen these items. I have since replied saying I will only be dealing with my brother who is a beneficiary not his wife my sister in law. He has then sent an letter signed by the two of them and a witness, stating that all communication regarding the estate must be to her and not him even though she isn't a beneficiary, as she is now representing him.

I want absolutely no communication with this person and I am threatened and scared of her. What do I do regarding this?

2) If I want to step down as executor, can I nominate somebody else to do it who feels less threatened, such as one of my brothers?

Your brother can!!!8217;t apply for probate without your agreement and you should not let him do so in the circumstances. Lodge a caveat with the Probate Office t o prevent him doing so.

Keep_pedalling · 15 May 2018 at 12:19PM

Frances, is the sibling who applied for probate a joint executor with you? If not do as YM says.

Any gifts given to your mother are just that and now belong to the estate, so no one has the right to demand them back unless they can prove they were just loaned.

Unfortunately your pathetic brother, has given his wife power of attorney to act for him in this matter, so you do have to deal her not him, however this not mean you have to respond to her every whim.

FrancisBegbie · 15 May 2018 at 4:42PM

Sorry to make clear a brother that I get on with applied for probate which is fine.

So just to summarise I do have to deal with this sister in law and I can stop being executor?

elsien · 15 May 2018 at 4:52PM

Is the brother you get on with who has applied for probate named as an executor in the will or not?

FrancisBegbie · 15 May 2018 at 5:05PM

No he was power of attorney

elsien · 15 May 2018 at 5:09PM

Power of attorney ends with your mother's death.
Go back and read post 4, as at the moment, however well you get on with your brother, he has no legal authority to apply for probate and you could be held liable if it all goes pear-shaped.

Were you the only named executor?
Whether you can renounce being executor will depend on what you have done so far with the estate.

74jax · 15 May 2018 at 7:38PM

FrancisBegbie wrote: »

No he was power of attorney

But that doesn't mean anything on death?

I'm not sure how he did this?

Do you realise you can be held liable?

Dox · 15 May 2018 at 9:06PM

None of this is making any sense. If you are the only person named as executor, it isn't open to anyone else - sibling or otherwise - to apply for probate. If the estate doesn't include land, property or shares, then probate may not be needed anyway.

If you want to renounce your role as an executor (and sounds a good idea!), get on and do so - but you can't reserve your right as an executor once you've renounced the role.

Suggest you see a lawyer sooner rather than later.

Difficult Will

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