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My dads passed and my brother is a alcoholic and on drugs?

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  • My dads passed and my brother is a alcoholic and on drugs?

    Hi, My Dad has recently passed away and my brother was made excecutor of the will as my dad thought I wouldn’t be coming back from Australia to deal will the selling of the house when the time come, my brother is younger than me and is an alcoholic and on hard substances of drugs he is now being very nasty and vicious he has said that me and my younger sister that are his full sisters are not allowed in our dads house because he is the excecutor. He has not showed us the will and he says he will leave in the house for a year or so and look like he has no intention of selling the house, what rights as a benerficery do I have as I am on that will?
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  • #2
    get a solicitors on this before it is too late?? sure others will respond

    @ Peridot


    • #3
      Hi Steveoss,

      What a stressful time for you and your sisters. As the executor your brother can refuse others to enter the property he has a duty to maintain the assets, administer the estate and distribute it within the law. If he doesn't complete his duties in the right way or in a timely manner then there are steps beneficiaries can take which is all very well, but the damage may well already have been done by then.

      I'm afraid I would agree with Mike770 you do need to seek some face to face specialist advice on this one from a probate specialist (often called private client lawyers) to see what the options are at this stage. It is possible to get an executor removed if they are unsuitable but you would need to make an application to the Court to do this and would need evidence to back up your argument that he is not performing his duties correctly or does not have capacity to perform his duties.

      Have a look on our sister site justbeagle.com where you can search for a specialist contested probate lawyer.

      Do post again if we can offer any support.
      I am a qualified solicitor and am happy to try and assist informally, where needed.

      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

      If in doubt you should always seek professional face to face legal advice.


      • #4

        Did you look at the date of the post before you posted?

        15th August 2018, 19:12:PM

        Please check this before posting on an old thread and cluttering up the forum.


        • #5
          Originally posted by owenrules
          It must have been really hard. How did it end up and what procedures have you done? I'm finding myself quite in a similar position and would appreciate all the help I could get.
          welcome, but start your own thread


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