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  • FIRST POST
    • FrancisBegbie
    • By FrancisBegbie 15th May 18, 10:48 AM
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    FrancisBegbie
    Difficult Will
    • #1
    • 15th May 18, 10:48 AM
    Difficult Will 15th May 18 at 10:48 AM
    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?
Page 2
    • TBagpuss
    • By TBagpuss 17th May 18, 11:48 AM
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    TBagpuss
    As others have said, if they gave gifts to your mother, those gifts became her property and are not theirs to re-claim.

    You do have to deal with her not your brother, if your brother has appointed her, but that doesn't mean you have to accept phone calls etc. It's fine for you to let her know that all communication needs to be in writing via royal mail, and that any attempt to contact you in any other way will be considered to be harassment and reported to the police as such.

    Keep copies of all correspondence (including printing off text messages)
    If you Brother / SIL said they 'gave' things to your mum then you have proof that the items were gifts not loans.

    If you do find any of the items they mention, then those would be part of your mum's estate. Once they have been valued, you could offer them to you brother as part of his share of the estate (e.g. if you find a watch worth 100, you could offer him that instead of 100 of his share of the estate) but you don't have to.

    If you want, you can instruct a solicitor to help deal with the estate. The costs would be padd out of the estate (not your personal funds) and the solicitor can deal with your brother and SIL.

    In relation to sending items, if you don't want to meet, you can post smaller items - send them tracked and insured. Larger items you can send via a courier - again, tracked and insured. or you can recruit another sibling or friend to deliver them on your behalf, in which case ensure that you get a signed receipt.
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