Joint executor with brother - its never going to work - Options?

[paulfoel]

Dad passed away recently. Long story but for years my brother and I haven't spoken - hes very hot-headed and can get violent.

Anyway, for years, I tried not to let Dad get in the middle but I knew the executor situation and asked him to please just pick one of us only. Never happened.

So Dad passed away. I tried to speak to brother for first time in years. Went to see solicitor who had Dads will and he suggested idea of them doing the executor stuff but brother would have to agree. Asked brother to phone solicitor and he's refused to do so.

All came to a head yesterday at the funeral - he's never going to agree so we're left in limbo a bit.

I guess I'm going to need legal advice to look after my own interests here? Whats best plan?

[Frank1]

The funeral was probably not the right time to mention your Dad's will.
Who arranged the funeral and has taken on responsibility to pay for it?
What is the approximate value of his estate?
Is there a property to sell?
Your Dad when the solicitor drafted his will, thought you were capable of carrying out executor duties.
If probate is required and IHT calculations are required then it is probably safer to appoint a solicitor to obtain probate.
When the solicitor has obtained probate with you and your brother appointed executors you can open an executor bank account for the transfer of funds.

[atticus]

Is the will complicated? Can't the two of you just act like grown ups over this - get it done and never have to deal with each other again?

[paulfoel]

Additional info - When Dad moved into care home I knew he had cash at home. That appears to have gone now.

Also, been doing Dads finances for years - again after Dad was in a care home I saw his cashpoint card was being used. (I reported it stolen and intercepted the replacement). I know for a fact that he used to ask brother to get him cash.

It seems he has a key to Dads flat too. This week I know he's off so can guarantee is stripping the place of anything worth any money.

What can I do about it?

[paulfoel]

The funeral was probably not the right time to mention your Dad's will.
Who arranged the funeral and has taken on responsibility to pay for it?
What is the approximate value of his estate?
Is there a property to sell?
Your Dad when the solicitor drafted his will, thought you were capable of carrying out executor duties.
If probate is required and IHT calculations are required then it is probably safer to appoint a solicitor to obtain probate.
When the solicitor has obtained probate with you and your brother appointed executors you can open an executor bank account for the transfer of funds.

No this wasn't at the funeral. He asked weeks ago "when am I getting money".

I started to arrange the funeral then he decided he wanted extras so I let him continue. He organised the wake etc (I didn't go).
Last week he asked me where Dads funeral plan/insurance was (he didn't have that!) then wanted to know who's paying then for the wake.... This is what I have to put up with.

Inc property less than £100K

Property valued at 90K (But part owned 60% with housing association

Dad probably did not understand. Put 50/50 for everything and same for executors.

[paulfoel]

Is the will complicated? Can't the two of you just act like grown ups over this - get it done and never have to deal with each other again?

No not at all . 50/50.... I agree with you. I'm happy to do this.....

Sadly its gone past that with threats etc (which is another matter)

[Frank1]

It doesn't sound as if probate is required and the appointment of a solicitor for a small uncomplicated estate would be over the top
The housing association normally retains the freehold and unsold equity. The estate must keep paying the service charges and any rent until the housing association states payments can cease. You should contact the HA to let them know your dad has died
As executor you should ask the solicitor for the original will. Take copies. Send a copy of the death certificate and will to the HA. Do the same with your dad's banks.

[atticus]

Correction: Probate will be needed to realise your late father's interest in his flat.

[Tofros]

You don’t have to act jointly just because you were both named in the will.

There are a couple of options if the issue is that he just doesn’t want to take on the role of executor.

He can renounce the role , and to do that he would need to sign a deed of renunciation and then you can apply for probate as sole executor. Renunciation is permanent and can’t be undone,

alternatively he can choose not to act initially but reserve power to take up the role in the future.When my Mum passed the other nominated executor was out of the country and could not act. All that was required was for them to confirm in an email that they were happy for me to apply solo but reserved the right to act later. The solicitors holding the original will were copied in and then happy to release the original to me and I applied for the grant to just me. If something had happened to me they would have been able to step in and take over. You just then fill in the probate application indicating that it is for a sole executor with power reserved to the second.

Do you think you could get your brother to email you to confirm you can get the grant and do the estate admin on a solo basis?

[Tofros]

PS that assumes he has not intermeddled in estate affairs already.

[paulfoel]

You don’t have to act jointly just because you were both named in the will.

There are a couple of options if the issue is that he just doesn’t want to take on the role of executor.

He can renounce the role , and to do that he would need to sign a deed of renunciation and then you can apply for probate as sole executor. Renunciation is permanent and can’t be undone,

alternatively he can choose not to act initially but reserve power to take up the role in the future.When my Mum passed the other nominated executor was out of the country and could not act. All that was required was for them to confirm in an email that they were happy for me to apply solo but reserved the right to act later. The solicitors holding the original will were copied in and then happy to release the original to me and I applied for the grant to just me. If something had happened to me they would have been able to step in and take over. You just then fill in the probate application indicating that it is for a sole executor with power reserved to the second.

Do you think you could get your brother to email you to confirm you can get the grant and do the estate admin on a solo basis?

Very unlikely he's going to agree to that to be honest.....
I asked him a few weeks ago to phone the solicitor to agree for them to act and he hasn't bothered.

He has asked me a few times "whens the money coming?" Great eh?

We're like chalk and cheese. Not denigrating him at all but this sort of thing is not his world at all..... When Dad was alive I did all his financial stuff, medical stuff, etc etc. On a personal level, I'm Director of my own limited company.

My brother, a few years ago, got into real trouble with HMRC when he was self-employed because he "didn't know he had to sort out the tax himself". He's the sort of person who really should not be self-employed.

Again, not being rude, but he does not have the mental capacity to be an executor. He will have no idea what it is even.
BUT if the thinks I'm taking something away from him he will say no.

Email BTW no chance - he'd have no idea.

Chances are he's going to sit there now and do nothing. Then start to moan about the money not realising its a process to be started. Might get some action eventually.

Another problem is, after threats and abuse the other day, I've had to block his phone number.

[atticus]

Write a letter.

[paulfoel]

Write a letter.

Yeh thanks that would be an idea.

Don't know his address though.

[Tofros]

You can apply for probate solo with power reserved to him if first you give him notice that you are going to apply on that basis before you apply

You should write to him, and use a service with proof of delivery. The letter should say

1. I am making an application for probate for the estate of [name of deceased].
2. I intend to take out the grant solely in my own name.
3. Power is being reserved for you as non acting Co-executor
4. You have the right to apply at a later date if you decide you want to be an active Co-executor

Once the notice is served you then fill in the probate forms and send them off. You will be asked on the form if you have given notice to non acting Co executors with powers reserved. You don’t need his consent. If he objects he will need to inform the probate registry.

[paulfoel]

You can apply for probate solo with power reserved to him if first you give him notice that you are going to apply on that basis before you apply

You should write to him, and use a service with proof of delivery. The letter should say

1. I am making an application for probate for the estate of [name of deceased].
2. I intend to take out the grant solely in my own name.
3. Power is being reserved for you as non acting Co-executor
4. You have the right to apply at a later date if you decide you want to be an active Co-executor

Once the notice is served you then fill in the probate forms and send them off. You will be asked on the form if you have given notice to non acting Co executors with powers reserved. You don’t need his consent. If he objects he will need to inform the probate registry.

ok many thanks - thats an option if I can get his address. Knowing my brother hes not on the electoral register at all.