Verbal agreement

[SherbetLemon]

Hi, could anyone tell me if a verbal agreement is legally binding?

[des8]

Need to know more of the surrounding circumstances.

[SherbetLemon]

Hi, thank you for answering can I pm you?

[ostell]

The purpose of a forum is for many eyes to look at a problem. Via PM does not cut

[des8]

As ostell the forum discourages PM's unless really necessary.
By posting in the open any response is subject to scrutiny by other members who may spot errors in advice given, or give other pointers.

[SherbetLemon]

OK.

My father left my brother his motorcycles in his will on the understanding my brother would pay me half of their worth so the entire will would be split 50/50.
At the time he died I'd been looking after both our parents on my own for 6 months, 24/7 except for sat and Sunday's two shifts at work. Already being completely exhausted, losing my dad and realising I'd not be going back home any time soon I couldn't be bothered to go through dividing things up and said to my brother he could have the bikes except for one. He readily agreed.
I stayed and looked after my mother who died a year ago. Now we're sorting the will and I have changed my mind about the motorcycles. My brother is livid and says a verbal agreement is binding.
I would like to know if that is true?

Feel free t O ask anything because I'm aware I'm not all that good at explaining myself with written words.

[des8]

So when did your father pass away?
What was the wording (exactly) of the will?
Was a grant of probate obtained, and if so who was the executor?

[SherbetLemon]

My dad passed away in July 2018. My mother passed away Oct 2020 which is when the will could be dealt with.

Both their wills said the everything is to be split 50/50. My dad's had an addition of my brother gets the motorcycles but has to give me 50% of their worth. Therefore we both get 50/50 of all they left.

We've sorted the probate out we are joint executors.

I couldn't give you exactly because the wills are at my parents house where my brother is currently living and frankly I'm so traumatised from looking after both my parents then just my mum for two years I have avoided the place.

The wills are very simple and I believe I've given you a pretty accurate account of them.

[des8]

You state "We've sorted the probate "
Does that mean you have realised the assets of both estates, paid creditors and distributed the assets to the beneficiaries?

[SherbetLemon]

No sorry we applied for grant of probate and have received that.

[des8]

As executors you have to work together to implement the directions in the will.

You seem to have agreed with your sibling to a variation of the will, in that he will receive all but one of the bikes, which one will pass to you.
However variations need to be in writing, and signed by both parties.

If you can't sort this out peacefully with your brother any dispute will have adverse effect on your relationship and will cost the estate (and therefore both of you) a considerable amount in lawyer's fees & costs.
Please try and sort it out

[SherbetLemon]

Thank you yes I understand the implications of not reaching an agreement. I would like to know if the verbal agreement is legally binding?

[SherbetLemon]

The motorcycles aren't a deal breaker. We're not going to fall out over it.

I just feel my brother took advantage.

By not questioning my decision and leaving me to lose my job, my social life, and exacerbate my bipolar (which leads me to make rash decisions) looking after our parents, while he refused to help me. If I hadn't spent the last 20 years supporting my dad in helping my mum, and especially the last two years of my mum's life looking after her, there would be no assets left at all.

[des8]

It isn't really a question of legality, but of enforceability if you cannot come to an agreement
As in post 11 agreements to vary a will need to be in writing, otherwise they are not enforceable.

Glad to hear you are not intending WWIII and hope you can work out a compromise agreement with your brother.
Pity he wasn't there to support you and your parents in their final years.

good luck

[SherbetLemon]

Thank you for your advice it is much appreciated.

He was furious when I mentioned it to him a couple of days ago but I managed to calm him down and persuade him to see a solicitor together to sort it out properly.

It looks like I will have to appeal to his better nature and when that doesn't happen, one more compromise for the sake of moving on won't hurt too much.

It will be sorted with no blood spilled and no mushroom clouds above Norfolk.

The best Christmas to you. SL