Executor of will not distributing fairly..

[jd0963]

Hi, hopefully someone can help with this.

My late Auntie left myself and 2 other brothers an equal share of her remaining money (which is around 40k)

My eldest brother is the appointed executor of the will however has stated several times that as I have a job I don't need the money as much as them 3 (who are all on benefits) and that I won't be getting an equal share.

Is there anything I can do about this? I feel like they have completely excluded me out of the process.. I don't know how much was actually left for us or anything.

Appreciate any help!

[Amethyst]

Your circumstances are irrelevant - if the Will leaves equal shares between 3/4 of you ( sorry not sure as you said yourself and 2 brothers, then "as much as them 3" ) then you should receive an equal share.

Is the Will for equal shares of the residual estate ?

[jd0963]

Your circumstances are irrelevant - if the Will leaves equal shares between 3/4 of you ( sorry not sure as you said yourself and 2 brothers, then "as much as them 3" ) then you should receive an equal share.

Is the Will for equal shares of the residual estate ?

Sorry yes it's meant to be split between myself and my 2 brothers. The will states all of us should have an equal share of any money she had left as well as any bonds etc.

What would be my next step legally if they still refuse to give me my share of the inheritance?

[lukewarm]

You need to write to him as soon as possible,advising him in very clear language that he has no option to vary your aunties will.

If he doesn't respond after a week or so,threaten him with county court action.Any county court judge will laugh at his actions. Also remind your brother that he will also be liable to pay all your legal costs involved in getting him to execute the will properly. That should focus his mind.

[des8]

If an executor does not follow the instructions in the will, aggrieved beneficiaries can challenge his actions in probate court (NOT County Court)

This is done by filing a petition to stop the executor from making a specific decision or to reverse improper actions that have been taken and holding the executor liable for breach of fiduciary duty, as well as for the financial consequences that follow.