Executor Issue

[Tartarian]

Hi All, I am having an issue with my brother who is the sole Executor for our fathers estate. We agreed that he has the money and I the property but after he got his money he has then refused, for 3 years, to sort out the house for me and put it in my name. I have had to sort most things out myself but there is of course a limit to what I can do as he is the Executor. He refuses to communicate with me now and has ignored my letters. Could I start a claim against him for half the money he got as I need to get him to fullfill his duties [ and then sell the house and share that money ]?

[PallasAthena]

"We agreed that he has the money and I the property ..."

Did you put that agreement in writing? What evidence could you use to show what you agreed?

[Tartarian]

Unfortunately not in writing but he fairly quickly received the bank account/investment funds and as these were not shared, and have not been in the last 3 years, this is my evidence of the agreement we made.

[Tartarian]

If I requested a statement of account through the Court could I do this with a part 8 claim?

[Tartarian]

Ok so I have found the Inventory and Account action that I could take to obtain information. I have read threads re Probate Registry but see that their powers are limited. I think that a Court claim would be preferable. Can anyone offer info on which claim form I should use for this as a pure info request?

[Pezza54]

Have you seen the will? What did it say about beneficiaries inheritance?
Did your brother obtain probate? How much was your father's estate worth (property plus investments)?
Who has been living in the house for the last 3 years?

[Pezza54]

I will assume the will states your father's estate is to be split 50/50 between you and your brother
You said you verbally agreed with your brother that you should inherit the property and your brother the investments.
To vary the will, both you and your brother would have needed to sign a Deed of Variation drafted by a solicitor. This didn't happen
At present the will still stands, and as sole executor your brother should follow the terms of the will.
If he refuses to sign a deed of variation and fails to follow the will, then you can make a claim under the Senior Courts Act 1981 Section 116 to remove him as executor.
You will need a contentious probate solicitor's advice about this. A warning letter from a solicitor may make him act. If this fails, mediation will be cheaper than a court claim

[Tartarian]

Thanks for your responses. Yes will says 50/50 and the property and investment value are worth about the same. Simply wasn't aware of deed of variation, I am only just starting to deal with this as I have been waiting 2 years for an operation and finally had it last December. As I am now recovering I am attempting to sort this out. I have been living in the house firstly to clean/repair and then decorate it until everything is finally agreed but also to maintain and secure the property until I can do further improvements and modernisation once it is/if it is in my name. I don't want him removed [ and all the associated time/costs involved ] I just need to get him to carry out his duties instead of going on holiday 24/7. I though a court order for inventory and account might do the trick.

[Pezza54]

A solicitor letter warning him to carry out his executor duties or face a possible court claim will probably be cheaper than a court order and should have greater effect

[Tartarian]

"Should have", yes but to a normal person. He is not acting normal and the letters that have previously been sent are not nasty but simply factual. Which claim form should I use for a court claim?

[Pezza54]

Claim for what?
If it is a monetary claim do you intend to claim for 50% of the estate value? What was the estate value?

[Tartarian]

Claim to see the Inventory and accounts.

You mentioned earlier about my brother refusing to sign a deed of variation but as it is more than 2 years from the date of death I don't think this is an option anymore?

Without knowing the exact value of the investments I could only guess at an estate value of around £300,000

[Pezza54]

Yes you are right, it is now too late for a deed of variation
The way forward is to sell the property and share the estate 50/50
One of an executor's duties is to prepare estate accounts and let beneficiaries see them when requested
I don't think you can apply for a court order to just see estate accounts before a claim has started. Otherwise a person could apply for a court order to obtain a copy of their neighbours bank account as they've just bought a brand new mercedes!
i believe you would have to start a claim as the penultimate paragraph in post 7 before you can request a court order for the defendant to supply documents

[Tartarian]

Yes I think my way forward is now clear.

I appreciate your help and for giving your thoughts, thank you.

[Pezza54]

That's okay. Hope a solicitor's warning letter stirs your brother into action.