Will

[Enerishaw]

Advice please
despite a solicitor writing to my brother ( executor )
He has had no response
I’ve never seen will, no probate either as mum had various bank accounts no property , he has
Refused to comply , offered me an amount via a third party
No idea how much was in her banks
ive been told even court can’t make him show will or bank statements
, that’s it’s costly
thanks

[des8]

Firstly are you sure there was a will?

[Enerishaw]

Definitely

[des8]

In that case I believe your only way forward is to write to your brother informing him a court application will be made to appoint someone else to administer the estate.

As next of kin you could apply for a grant of probate, but you would need a court order..
As you don't have the will, a subpoena would have to be served on your brother to produce the original will within eight days.
After eight days you would be able to lodge a citation on him requiring him to accept or refuse the grant of probate.
As he has intermeddled in the estate he cannot refuse to accept the grant, but if he does the court will issue a summons....
And so it goes on..........

Pragmatically there is little you can do simply because of the financial and emotional cost of the process.
IMO the way forward is to retain fond memories of your mother, accept the legacy and move on.

[Enerishaw]

He was made executor and power of attorney
however i believe it was his duty to provide details of estate value and copy of will
he had ignored my request and is non communication
I received the offer from a third party
I appreciate what you have replied
this is in English law
don’t know if there is a difference
thanks

[des8]

The courts will only order an executor produce an inventory and accounts after probate has been granted.
Until probate is granted the will remains a private document confidential to the executor who has no duty to declare its contents to anyone.

As no real property (land/house) involved it is possible the executor does not need a grant of probate

AFAIK the only way forward is as I outlined above