Failure to Execute a Will

[Peter222]

Hi,

Mother passed away two years ago. My father had passed away several years previously.

My brother has informed me that he is the sole executor of her Will.

Despite several written requests he refuses to share a copy of the Will with me.

My brother has failed to execute the Will.

I have raised a Caviet in the probate system as I feel that I ought to be allowed to see the Will in order to check its validity before probate.

My bother continues to live in my Mother's house.

How is it best to proceed?

Thankyou

[Tofros]

I don’t think anyone has a right to see the will before probate. He may think probate is unnecessary. Do you know for sure that the house was solely in your Mother’s name? Anyone can search the Land Registry proprietorship register online for a small fee- (about £14 I think) so might be worth checking. Banks may not require probate depending on the amount in the relevant accounts. Or maybe they had joint bank accounts?

If you know which firm of solicitors prepared the will you could make a Larke v Nugus request. Your own solicitors can do this for you but I’ve seen examples on line which you could use to do it yourself. The will preparers may charge you for responding.