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Hi, I would appreciate it if someone could review my post and let me know if I have a valid case to block a grant of probate.
After having a series of strokes over the past 5 years, my father passed away about 11 months ago. Following the death of my father, the eldest sibling produced a hand written will that he had prepared himself, and had it witnessed by 2 of his friends. None of my other siblings were made aware that a will was being written, or invited to witness it. I need to identify if I have a case to try and block my brother from being the executor of the estate.
My concerns are:
1-The will was created by the person claiming to be the executor of the will.
2-My eldest brother had a criminal record in his past. Can people with criminal records be executors of an estate?
3-My father was a severe stroke patient and was mentally impaired. I believe the will preparation should have been conducted in the presence of a solicitor and a doctor. I am assuming that a doctor and solicitor would have signed the will as witnesses. This did not happen.
4-The will was witnessed by personal friends of my brother, who were not personal friends of my father. The will should have been witnessed, at the very least by 2 siblings, if not all siblings.
5-Siblings were not informed that the will was being created.
6-My eldest brother has not been transparent on the assets in my father's estate.
7-Before my father passed away, his residential home was sold without informing all siblings. This was odd as I had made an agreement with my father to buy his home at full market value if he decided to sell it. The house was sold below market value by one of the witnesses who signed the will. I thought this was highly suspicious.
8-My eldest brother has not declared the whereabouts of my father's home contents after the property was sold, i.e. no inventory has been presented. There is no record of the property contents or if they were sold.
9-My eldest brother has not declared the contents of my father's bank accounts. Again, no transparency of the facts.
10- A substantial amount of gold jewellery, which has been verbally claimed by my eldest brother and his wife, without any consultation with all other siblings. I believe this gold and jewellery needs to be identified, valued and incorporated into the estate.
Looking at these facts, do I have a case to try and block my eldest brother from becoming the self-proclaimed executor of the estate? I think the estate needs to be treated as if there is no will and divided equally between 5 siblings by a third party.
Please let me know your thoughts.
Thanks
After having a series of strokes over the past 5 years, my father passed away about 11 months ago. Following the death of my father, the eldest sibling produced a hand written will that he had prepared himself, and had it witnessed by 2 of his friends. None of my other siblings were made aware that a will was being written, or invited to witness it. I need to identify if I have a case to try and block my brother from being the executor of the estate.
My concerns are:
1-The will was created by the person claiming to be the executor of the will.
2-My eldest brother had a criminal record in his past. Can people with criminal records be executors of an estate?
3-My father was a severe stroke patient and was mentally impaired. I believe the will preparation should have been conducted in the presence of a solicitor and a doctor. I am assuming that a doctor and solicitor would have signed the will as witnesses. This did not happen.
4-The will was witnessed by personal friends of my brother, who were not personal friends of my father. The will should have been witnessed, at the very least by 2 siblings, if not all siblings.
5-Siblings were not informed that the will was being created.
6-My eldest brother has not been transparent on the assets in my father's estate.
7-Before my father passed away, his residential home was sold without informing all siblings. This was odd as I had made an agreement with my father to buy his home at full market value if he decided to sell it. The house was sold below market value by one of the witnesses who signed the will. I thought this was highly suspicious.
8-My eldest brother has not declared the whereabouts of my father's home contents after the property was sold, i.e. no inventory has been presented. There is no record of the property contents or if they were sold.
9-My eldest brother has not declared the contents of my father's bank accounts. Again, no transparency of the facts.
10- A substantial amount of gold jewellery, which has been verbally claimed by my eldest brother and his wife, without any consultation with all other siblings. I believe this gold and jewellery needs to be identified, valued and incorporated into the estate.
Looking at these facts, do I have a case to try and block my eldest brother from becoming the self-proclaimed executor of the estate? I think the estate needs to be treated as if there is no will and divided equally between 5 siblings by a third party.
Please let me know your thoughts.
Thanks
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