Executor brother keeping inheritance.

[Swee]

Hi
I wonder if you can help.
My brother obtained grant of probate over 2 years ago. He refused to distribute the funds received from our father’s bank accounts. There are 5 siblings and we suspect about £20k-30k in my dad’s savings.
We have tried to get him to cooperate and he has become verbally abusive and now he has stopped communicating.

I suspect he has shared some of the money with one or more of the other siblings but I don’t know for sure. But so far there’s just the eldest brother and myself trying to get him to pay out the money. The other two have been quiet.

I know I need to get an inventory and account but I am worried that this will all lead nowhere as we can’t afford the legal costs.

Would a money claim order from the courts be appropriate and effective? Is there any way of getting some judgement without paying fees we can’t afford or should we just forget it and try to move on now. I suspect the money has been spent anyway.
Please help. Thanks

[lawboy65]

If an individual accepts the role of *executor they have a fiduciary duty, a duty of care, to carry out his task within the proscribed guidelines.
If you have evidence *that an executor has stolen money from an estate, you *should, in the first instance, write them a letter demanding an account of their actions. They are required to provide you with documentation of all the estate assets, income, and expenses, including bank statements, receipts, and other supporting materials.
If the accounting is incomplete, *you can petition the court to remove the executor and appoint a new one. *You can apply to the court for the executors to be removed or replaced under section 50 of the Administration of Justice Act 1985.* *You can also apply to the court to appoint a judicial trustee to administer the estate, either together with the current executor or as a replacement.
Where the theft is particularly egregious, you may wish to contact the police. However, *the police may not be responsive to allegations of executor theft, believing the issue to be a family dispute that can be difficult to prove.
*

[des8]

If the executor does not respond to your request , prior to trying to have him removed and replaced (easier said than done) it will be cheaper to apply to the court for an order**for inventory and account from the executor.
The very fact of having to appear in court might bring him to his senses.

If you are on a low income you may qualify for assistance with court fees*https://www.gov.uk/get-help-with-court-fees
**

[Swee]

Thank you for your replies. I will update on any progress. Thank you.*

[wcampbell]

If you are one of the beneficiaries of the will, you definitely have a right to claim. Even if you are not the executor. If you and your other siblings are all beneficiaries, you can ask for a new executor to be appointed. Legal fees don't have to expensive. I work with APS Legal and we can help. You wouldn't have to pay us a dime until all of your father's estate has been properly distributed and we only charge a flat fee. (Unlike most other solicitors who charge a percentage)
*I'm offering a free consultation on anything related to wills and probate. Please feel free to book an over the phone consultation with me by clicking on this link:
https://calendly.com/wcampbell-3*Or you can chat with me live by going to my website: will-trusts-probate.co.uk my email address is*wcampbell@will-trusts-probate.co.uk*I'll be more than happy to assist and answer all of your questions.
*