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Problematic co-Executor

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  • Problematic co-Executor

    Good morning everyone, I hope that someone could offer some advice on a probate issue that appears to be becoming a nightmare. I will try to keep it as brief as possible.

    Sadly our Father passed away 6 months ago. He left a will naming both myself and brother as co Executors and beneficiaries with a 50/50 split of the residue of the estate.

    At the time of his Death he had No cash assets, and had around £10,000 of unsecured debt, however he owned his own property. It was quite a stressful time wondering how we were going to meet his funeral costs, but thankfully we engaged the services of a well known probate and legal services company who covered the costs of his funeral care.

    As my brother felt that he could not handle the legal responsibility of being a co-executor it was decided that I would take sole responsibility for applying for the grant of probate and act as personal representitive and that my brother would hold power reserved. The Grant of probate was issued in August this year. It was also fully explained to my brother that the House would eventually have to be sold to meet the Debts and funeral costs of our Late Father.

    This is where it becomes problematic: My brother has lived in this house with our Late Father for the majority of his life. He as stated to both myself and the probate solicitor that he does not want the property to be marketed while he lives there, yet he is making no provision to leave the property which leads me to believe that he has no intention to do so.

    My brother was not a dependant of my Late Father and although he is working would not be able to afford to buy my share of the house.

    Any advice as to my next steps would be greatly appreciated.

    Many thanks



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