Will and suspicious Executor (Brother) activites.

[Blindman70]

Hi
Short version
Is this normal?
I have found out that that the beneficiaries of my late Aunts will include myself and a few other and both executors, of which my brother is one.

We all will get a FIXED sum from the house sale (£200,00+) I have no idea how much as the executors have refused to give me a copy of the will.

When probate is complete ONLY MY BROTHER will get what's left of the estate after fees etc. as this has been specified in the will. This could run into 1000's

This is VERY SUSPICIOUS as we were both equals in my late Aunts eyes.

Q 1 Is it normal for the estate to be shared like this?
Q 2 What can I do to challenge this, if anything?

Longer version:
Back story.
Aunt passed away in March, with no other relatives other than my brother and I.

After the death of her husband two years prior brother took over her finances-assumingly with her agreement. I was not involved in any of her financial dealings, not that I asked, I had to assume he was above board and she was well looked after.

First oddity.
After the funeral I found out by accident that he and my Aunts best friend were the executors of a newly created will. She was a dear Aunt to both of us so not being an executor nor even beings asked\told was a little odd.
Other executor is a timid mouse who will not say Boo to a ghost.
He is a control freak, who does not share anything, and has controlled the dealings with the estate without asking the other executor.

More of an annoyance:
He instructed Aunts solicitors to handle the estate\probate which only consists of house and whatever savings pension she had. The other executor had experience of handling her fathers will -similar circumstances-without the need for a solicitor. He went again both our advice of DIY.

At that time I asked for a copy of the Will and he refused, but confirmed I was one of many beneficiaries. I found out he had reluctantly given a one page copy to the other beneficiary. I told her to ensure she had a full copy. I did not peruse it further.

Fast forward to now, house is sold. (£200,000 +)

I have found out that that the beneficiaries of my late Aunts will (myself, brother, friend and others will get a FIXED sum from the house sale. I have no idea how much as the executors have refused to give me a copy of the will.
When probate is complete ONLY MY BROTHER will get what's left of the estate after fees etc. as this has been specified in the NEW will. This could run into 1000's
I find this very disturbing and downright suspicious.
What can I do to challenge this, if anything?

[Blindman70]

Separate Dumb Q;

Brother gave solicitor the go ahead to manage the estate on Aunts death in March.

He now says Probate is now going ahead after the house sale and will most likely complete in Feb 2024.

Why the huge delay? Surely probate could have been started in March and then finished after the house sale?

[Pezza54]

Probate is required before executors can sell estate property.
IHT forms should be completed for HMRC and for the probate application.
There may be a transferable IHT nil rate band as your uncle died 2 years ago.
IHT forms can become complicated when there is a property to value and a IHT NRB to transfer.
This may be the reason why your brother decided to appoint a solicitor, to ensure the sums are correct.
Main beneficiaries in a will are entitled to ask executors about progress in the management of a deceased's estate.
Once a grant of probate has been issued a will becomes a public document and anyone can apply to have a copy.
You should check the probate registry online to see if probate has been granted and if it has apply for a copy of the will

[Blindman70]

Probate is required before executors can sell estate property.

Main beneficiaries in a will are entitled to ask executors about progress in the management of a deceased's estate.
Once a grant of probate has been issued a will becomes a public document and anyone can apply to have a copy.
You should check the probate registry online to see if probate has been granted and if it has apply for a copy of the will

Thanks for the reply.

My main Q was is it normal to have the estate passed to beneficiarys at a FIXED amount? How on earth do they know how much that will be?

I have asked for a copy of the will but he has steadfastly refused. I think he is hiding the fact (which he let slip) that he gets the remainder of the estate after
probate, having also got his FIXED share as a beneficiary.

[Pezza54]

Please read the first and last 2 sentences of my post. You need to check for probate and obtain a copy of the will.

[Blindman70]

Please read the first and last 2 sentences of my post. You need to check for probate and obtain a copy of the will.

Please read my question and give an answer if you can

My main Q was is it normal to have the estate passed to beneficiarys at a FIXED amount? How on earth do they know how much that will be?


And Apparently you CAN sell estate property. before probate. as it has already been sold.

And if you read my post you will see PROBATE is in progress and will be finished around FEB.

I have ASKED for a copy of the will from MY BROTHER. You'd think he would give it up voluntarily would you not???

[des8]

Please read my question and give an answer if you can

My main Q was is it normal to have the estate passed to beneficiarys at a FIXED amount? How on earth do they know how much that will be?
Not unusual for a will to stipulate a fixed amount to named beneficiaries with residue going to another.


And Apparently you CAN sell estate property. before probate. as it has already been sold.
First time for anything!

And if you read my post you will see PROBATE is in progress and will be finished around FEB.
You could put in a standing search so you will be sent a copy when the grant of probate has been issued.
Cost £3 https://www.gov.uk/search-will-probate

I have ASKED for a copy of the will from MY BROTHER. You'd think he would give it up voluntarily would you not???
Nah! some people go funny when they think they have a position of authority.
Someone must have told him that the will is a document private to the executors until a grant of probate obtained

Comments in red

Have you checked ownership of the property at the time of your aunt's death?
It might be that ownership had changed in her last two years to include your brother, or to have been put in a trust. This would have enabled a sale to progress.

[Blindman70]

Comments in red

Have you checked ownership of the property at the time of your aunt's death?
It might be that ownership had changed in her last two years to include your brother, or to have been put in a trust. This would have enabled a sale to progress.

Thanks for a reply

I think the house did go into a trust-he let that slip. Either way it has been sold

""Someone must have told him that the will is a document private to the executors until a grant of probate obtained""

AFAIK that is the case unless you know different.

[Blindman70]

Thanks for a reply

I think the house did go into a trust-he let that slip. Either way it has been sold

""Someone must have told him that the will is a document private to the executors until a grant of probate obtained""

AFAIK that is the case unless you know different.

Well
Got a copy of the will from my Brother the Executor

I can see why he was keeping it a secret

House sale £210,000, beneficiaries given £116K

HE GETS THE REST-+ whatever was in the bank account-Guessing £30K at probate.

So even though he and I were equals in my Late Aunts eyes (I have a LOT of people who confrim this) He GETS 3X the amount

He wonders why i am FUMING!

Says it's just the way it is (Bruce Hornby-1986-my favourite tune at the time)

So what to do?

All beneficiaries agree it is a travesty.

I read there is a Deed of Variation option -But of course he ahs to agree to it (Pigs might fly first)

He says he did not get involved in the will writing-Something I think is true.

However he has known for at least 13 months the contents of the will, has been the "unofficial" bank account operator of the late Aunt (she was 99% blind) and has recently improved his house considerably. Knowing that his payout would be huge I'm sure he could afford the new kitchen\car\furniture etc.

So WHERE DO I GO FROM HERE?

[atticus]

What do you want? If ths is how your aunt chose to dispose of her assets, then the Bruce Hornsby quotation is probably right. Please do not become the king of wishful thinking.

[des8]

IMHO you say "thank you, Auntie".

I doubt you can launch a successful challenge to the will

You don't think there has been coercion (He says he did not get involved in the will writing-Something I think is true) and there does not seem to be any chance of a successful claim under the Inheritance Act 1975 (https://www.legislation.gov.uk/ukpga/1975/63).

[Blindman70]

IMHO you say "thank you, Auntie".

I doubt you can launch a successful challenge to the will

You don't think there has been coercion (He says he did not get involved in the will writing-Something I think is true) and there does not seem to be any chance of a successful claim under the Inheritance Act 1975 (https://www.legislation.gov.uk/ukpga/1975/63).

Thanks for the replies.

I did thank my Aunt as I did not expect such a large amount.

I believe my Aunt was misled into writing this second will in the format it is-and did not realise what the outcome would be.
She would have no idea about this type of will so I wouldl like to Know WHO GAVE HER THE ADVICE and was the PROBABLE OUTCOME explained and understood ?

Could I not challenge the will by providing proof and testomony from ALL the other beneficiaries that he and I were equals in her eyes throughout our whole lives and it would seem highly unlikely this was her intended wish-That her gets about 3 x the value of my "share"


Also he is being very obstinate and power crazy executor claiming he "I am under no legal obligation to provide you with [insert whatever I've asked] even for simple questions as
Who is the solicitor handling the case-
Who was the Will writer.
Who gave advice about this second will.

Does this not stand in my favour in that he is acting very suspiciously?

There is another executor who has "power reserved" to them as she is a timid little mouse who was most likely bullied by my brother to do so.

I understand she can reverse this and take an active part in the proceedings and find out what has been going on with the bank balances and will writing.


Thanks

[Blindman70]

What do you want? If ths is how your aunt chose to dispose of her assets, then the Bruce Hornsby quotation is probably right. Please do not become the king of wishful thinking.

Thanks for the reply.

Everyone who is involved in this Will is totally shocked by the outcome. It goes against everything they knew about our (Brother and I) relationship with my Aunt
There are a LOT of unanswered questions and very dubious dealings-which my Brother answers with" I am under no legal obligation to "

I believe my Aunt was misled into writing this second will in the format it is-and did not realise what the outcome would be.
She would have no idea about this type of will so I wouldl like to Know WHO GAVE HER THE ADVICE and was the PROBABLE OUTCOME explained and understood ?

I would not be surpised if it was my Brother, though how I can prove this is most likely impossible.

[Pezza54]

Who are the named witnesses on the will? Can you speak to them about your aunt's state of mind when she signed her will?

Life can seem so unfair sometimes.
There was a case where a daughter-in-law worked tirelessly helping her elderly mother-in-law with day to day jobs. This help continued after the death of the son who was the daughter-in-law's husband.
Unfortunately the mother-in-law had not made a will and the daughter-in-law did not have any children.
Under the rules of intestacy the mother-in-law's estate passed to her surviving children, including the deceased son's share, meaning the daughter-in-law received nothing.
The daughter-in-law could have legally challenged the distribution of the estate by the rules of intestacy under the Inheritance Act and may have won her case but she didn't have the funds to do so.

[atticus]

Do you know who prepared the will? If a lawyer or so-called will writer, consider writing a 'Larke v Nugus' letter.