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  • FIRST POST
    • P2P
    • By P2P 7th Mar 18, 7:24 AM
    • 37Posts
    • 5Thanks
    P2P
    Estate funds
    • #1
    • 7th Mar 18, 7:24 AM
    Estate funds 7th Mar 18 at 7:24 AM
    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
Page 1
    • Tom99
    • By Tom99 7th Mar 18, 7:44 AM
    • 2,233 Posts
    • 1,520 Thanks
    Tom99
    • #2
    • 7th Mar 18, 7:44 AM
    • #2
    • 7th Mar 18, 7:44 AM
    Who is the executor / administrator of the estate?
    If that is just your solely brother you can only challenge him after he has distributed the estate incorrectly. If he has not yet distributed the estate there is nothing to challenge him about yet.
    • P2P
    • By P2P 7th Mar 18, 7:56 AM
    • 37 Posts
    • 5 Thanks
    P2P
    • #3
    • 7th Mar 18, 7:56 AM
    • #3
    • 7th Mar 18, 7:56 AM
    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
    • By firefox1956 7th Mar 18, 7:58 AM
    • 1,518 Posts
    • 905 Thanks
    firefox1956
    • #4
    • 7th Mar 18, 7:58 AM
    • #4
    • 7th Mar 18, 7:58 AM
    Get yourself a solicitor ASAP..........
    I will be money well spent.
    • P2P
    • By P2P 7th Mar 18, 8:08 AM
    • 37 Posts
    • 5 Thanks
    P2P
    • #5
    • 7th Mar 18, 8:08 AM
    • #5
    • 7th Mar 18, 8:08 AM
    Thanks but that doesn't really help at this stage.
    • Tom99
    • By Tom99 7th Mar 18, 8:34 AM
    • 2,233 Posts
    • 1,520 Thanks
    Tom99
    • #6
    • 7th Mar 18, 8:34 AM
    • #6
    • 7th Mar 18, 8:34 AM
    You could stop your brother from obtaining probate by entering a caveat stating your reasons.

    If accepted that will prevent your brother obtaining probate for 6 months unless he enters a challenge to your caveat.

    https://www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation

    Your brother will be notified of your caveat and maybe you can come to some agreement with him before you withdraw your caveat.

    It would be a pretty controversial step to take particularly if your fears are unfounded but would at least put your brother on notice.
    • Margot123
    • By Margot123 7th Mar 18, 8:38 AM
    • 840 Posts
    • 860 Thanks
    Margot123
    • #7
    • 7th Mar 18, 8:38 AM
    • #7
    • 7th Mar 18, 8:38 AM
    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
    • By Yorkshireman99 7th Mar 18, 8:46 AM
    • 4,245 Posts
    • 3,464 Thanks
    Yorkshireman99
    • #8
    • 7th Mar 18, 8:46 AM
    • #8
    • 7th Mar 18, 8:46 AM
    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
    Originally posted by P2P
    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
    • By firefox1956 7th Mar 18, 2:44 PM
    • 1,518 Posts
    • 905 Thanks
    firefox1956
    • #9
    • 7th Mar 18, 2:44 PM
    • #9
    • 7th Mar 18, 2:44 PM
    Thanks but that doesn't really help at this stage.
    Originally posted by P2P
    The sooner the better...........
    Before it all gets out of hand.
    • AnotherJoe
    • By AnotherJoe 7th Mar 18, 5:23 PM
    • 9,604 Posts
    • 10,678 Thanks
    AnotherJoe
    Thanks but that doesn't really help at this stage.
    Originally posted by P2P
    Of course it does, its precisely the stage to start action, not afterwards chasing money in a foreign country.
    • P2P
    • By P2P 7th Mar 18, 5:50 PM
    • 37 Posts
    • 5 Thanks
    P2P
    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?
    • Yorkshireman99
    • By Yorkshireman99 7th Mar 18, 6:24 PM
    • 4,245 Posts
    • 3,464 Thanks
    Yorkshireman99
    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?
    Originally posted by P2P
    Of course always providing you can provide proof acceptable to the court. Mere assertion or suspicion is not enough.
    • Zoe Jackson
    • By Zoe Jackson 9th Mar 18, 5:29 PM
    • 2 Posts
    • 0 Thanks
    Zoe Jackson
    Hi


    I am new to this and hopefully, I've done this right? (sorry if not)


    Please can you clarify, if I am allowed to claim for preparing accounts for my late Aunt's estate as I am a personal representative of my elderly mum who is next of kin. (This is a complicated estate as there are 11 beneficiaries) Thanks
    • P2P
    • By P2P 14th Mar 18, 5:48 PM
    • 37 Posts
    • 5 Thanks
    P2P
    Items are missing which appear on the inventory. He is the only one with keys, so he is responsible.

    He is stating via his solicitors that money gifted to me by my father will be taken from my share of the estate

    He hasn't submitted correct details to the HMRC concerning IHT, and has not followed up on a number of other areas where my father was owed money, i.e. 7 years worth of a council tax rebate, health insurance payment from AXA.

    He has 'overlooked' a valuation requirement of my late mothers jewellery to be included in the estate, yet has asked for a signet ring that my father gave me to be valued for inclusion in the estate.

    Items of my mothers jewellery have gone missing, again he has the keys.

    He isn't providing updated accounts info despite repeat requests.

    Despite 4 separate requests to allow me property access to remove my own items he is ignoring me

    The list goes on and on.
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