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Contesting??

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  • Contesting??

    Wondered if anybody had advice...
    One of my brothers and my late mums solicitor is/was executor.....
    mums will was straight forward.....house to be divided 3 days between myself and 2 brothers.
    my eldest brother is causing issues, and now is asking to see...again....my mum's bank statements, my other brother is refusing ( they have never really got along)
    Mum's house was sold last September, all seemed ok regarding probate, but now solicitor is saying we won't get our shares for a while cause of my brother....
    I don't talk to either brothers as they were never around for mum....
    , just wondering what happens in situations like this.. ....
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  • #2
    Hi Alifpb,
    Sorry to hear of your loss. So is the brother demanding the statements the executor or just a beneficiary? What is the reason for the demand? Is there some allegation that money has been misappropriated before your mother's death? Was anyone an attorney for your mother and therefore had control of her money?
    If your brother has already seen bank statements what is it he is requesting now? Probate deals with the estate as at the date a person died it is not concerned with what went before although if there are allegations about funds going missing the executors are able to look into this on behalf of the estate (a very basic description).
    A little more information surrounding the issue that has given rise to the brother making these demands would help us point you in the right direction.
    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.

    Comment


    • #3
      Thank you for your reply......

      when mum past away my youngest brother and solicitor dealt with probate etc, my eldest brother didnt like it ( he's always been a nuisance, he lived with mum, they never got on and he never helped or paid anything)
      both brothers detest each other.
      he did ... as we all did, as benificiaries last year see all paperwork including bank statements which we were shown by mums solicitor.....all seemed ok
      then we were told house was sold last Sept, but all is at a stand still now as my eldest brother wants to see bank statements again .don't know why...???
      and the brother who was /is executor wont show him, he doesn't feel he has to again....as ive mentioned earlier, all was looked into when probate started, all was ok.
      I don't know why my brothers are acting like they are...
      I just want it all over so I don't have to have anything to do with them....
      just wondered what happens with situations like this, does someone have an over riding say....???

      thank you again.

      Comment


      • #4
        Unfortunately until the estate accounts are approved by the executors there is little you can do. I'm not sure why your brother isn't just providing him with the copy bank statements again. Hopefully things can then move on again? Or as I suggested previously is it pre-death statements he is after?
        There is no point being 'principled' at this stage if that is what he is trying to do. He is obviously irritated that your other brother was appointed executor and not him. The solicitors should be handling this and advising the executor what should happen. Are they waiting for a possible claim to come?
        In addition continues shenanigans will just increase the lawyers fees which come out of the estate reducing the ultimate legacies the residuary beneficiaries will receive.
        How long is it since Probate was granted?
        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.

        Comment


        • #5
          I've now received a letter from mums solicitor saying my eldest brother is concerned about monies going out her account when I cared for her /pre death
          ( I was her carer for 10 yrs, 24/7)
          we always knew my brother would cause a problem, so I kept a daily log of everything.
          me and mum had a good relationship and she never really spoke to my oldest brother, he's always been odd, and doesn't like people who have any authority.
          2yrs ago I was was ill, mum had early dementia and was confused thinking I wouldn't be caring anymore, so brothers took over and got mum to 're do her will and took POA etc away from me...
          (before she died Dec 2017, she admitted she didn't know what she was doing)
          my brothers fell out, and eldest is bitter he wasn't in charge of mums stuff.......
          he's admitted he wants to sue her solicitor and my brother for 're doing her will and not asking an extra £500 when selling house....don't think he's got anywhere so now turning on me.....
          Her statements/probate all seemed ok, house sold, bro HAD to move out, and now he's being a pain.
          Myself and younger bro sent forms back to say we wernt contesting will. Seems other one is.....(annoys me tho cause he lived there for 10yrs and never paid a thing and has now taken all the contents etc)
          I think I can proved everything (solicitor was happy with what I showed them) but think my eldest brother just has his own mental issues......????

          Comment


          • #6
            Hi again,

            Easy to say I know but try not to worry. From what you've said it seems he is just trying it on about any small detail he things he can get away with. You kept records while mum's carer. If he wants to bring a claim so be it. He has 6mths from the Grant of Probate being issued to do so. Has that time not passed now? I suspect he would have difficulties persuading the Court he should be allowed to bring a claim out of time bearing in mind he has been aware of everything since the beginning.

            If he believes he has a claim then bring it on. I suspect he wouldn't find a solicitor that would advice him he could be successful once they have the facts. Even if he did make a claim, it is for him to prove it. I suspect clutching at straws but whatever happens at least things will be able to move on if he makes a move. If a claim is made get legal advice and keep all the paperwork you have. At some point it will be pointed out to him the more he delays and attempts to frustrate the administration the less money there is to be divided in the end.
            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.

            Comment

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