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Executor issues

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  • Executor issues

    My mother has just sadly passed away. The executors for her will our my sister (nok) brother and myself. My sister and myself have been receiving bullying texts from my brother and his wife. They asked for particular items from her property just after she passed. My brother arranged the funeral, so he was the client. Between us we agreed on hyms and that we would get together to talk to the padre. My sister I had concerns that my brother would cause a scene at the service as he didn't want certain family members to attend. A staff member advised my brother of our concerns. The day of the funeral, my brother changed the ceremony to what he wanted and where everyone sat, so my sisters children weren't even sat with her. I thought due to data protection the funeral directors weren't allowed to advise him of our private conversation. It has made everything worse. What advice would you give us so that we aren't bullied anymore, please? Also we are concerned about our mother's ashes being picked up by him and being scattered without us being there as he previously did this with our father's ashes.
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  • #2
    The law tries hard to keep well out of such issues.
    A funeral director does have DP obligations as does anyone in business, but I doubt he was in breach. As you say, his client is/was your brother.
    It sounds like time for you and your sister to take a proper seat at the tableand take control.
    He hjas, for example no right to things from the house outside the terms of the will.
    Beyond that you have almost no control ofd the tings of which you complain.

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    • #3
      Thank you that is really helpful

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      • #4
        Your brother can not do anything by himself regarding the Will. It is the executors (all 3 of you) that must agree on how best to administer the Will and it is the duty of the three of you to act as your mother would have wished, which she has stated in her Will. That is what a Will if for.

        Do not let your brother try and take matters over and if he will not agree, then let him know that he could be removed as an executor by application to the Court. However, such action is as a last resort as it may be costly and it is best to agree between yourselves.

        You and your sister also could hold matters up if your brother does not conform as it is the three of you that need to arrange the management of the Will until it is satisfied.

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