Probate….. legacy refusal

[Hissister]

I had carried out executor duties on my mother’s estate. I have 2 brothers, 1 is refusing to provide bank details to accept his legacy. I have made 2 previous attempts at payment by issuing cheques- he has not cashed them. This has gone on for 11+ years. He refused to participate in probate process and has resisted at every opportunity.
I could claim benefits but am not able to because of my ‘savings’ which are obviously not mine to spend. What can I do with the money?

[atticus]

you should have put the money in a specially designed executors account. You may still be able to do so.

[des8]

Courses of action open to you are
1) make a part 64 application to the court for directions or
2) pay the money into court.

Was a grant of probate or letters of administration obtained?

[dslippy]

Be careful about the cheques. It is a promise by you to pay the amount stated on request. Two cheques equals two promises.

Was probate taken out? If it is enough to take you out of benefits, it may be enough to pay the costs of gettijng it paid into court.