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

[Tofros]

Was the will made relatively recently? It is usual for the address of each executor at the date the will is made to be stated in the will. That might be a start.

[paulfoel]

Was the will made relatively recently? It is usual for the address of each executor at the date the will is made to be stated in the will. That might be a start.

Sadly 1988

[Tofros]

Worth trying a text or WhatsApp that says I need your postal address to be able to fill in forms for probate and see what he does.

[Tofros]

The net estate sounds quite small - about 35k?? If there is a significant delay there’s a risk that it will be eaten up between funeral costs, fees /rent payable to HA selling costs and utility costs. You should work out if the estate is and will remain solvent before applying as executor. Can you find out what would happen if no one gets probate and home can’t be sold as no executors? Would HA repossess it and sell it themselves? Creditors can apply for a grant of representation to administer estates in certain circumstances.

[PallasAthena]

If he's motivated mainly by getting whatever money he thinks he deserves an email saying that to get the money you have to tell them his address to send him a document might get him to disclose it.

I assume there are no other family members who know it.

Ultimately you could employ a tracing agent to find him but that is going to cost you money.

[paulfoel]

As expected he has lost interest completely. Had a call from funeral directors (if you remember he took over funeral plans) - apparently he'd promised to call them and decide what to do with the ashes. They've left 5 messages no reply. So I've had to sort out (and pay for) the internment of the ashes.

Checked and hes not called the solicitor I asked him to weeks ago. Fully expected the coin to have dropped by now and realise he's getting no money magically. Especially since he paid for the wake,

Anyway, as above, what is a reasonable amount of time before its acceptable to action this?

Should I really be getting my own solicitor here to look after my interests?

[paulfoel]

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

I have his address now..... Got it from family member

I guess I have to give him the option to reply to any letter I send but I do not want him to know my home address. Is it acceptable to give him just email and/or phone number?

He's been very threatening in the past and he does not know my current address - its 10 mins from him. I'd rather not have him turning up on my doorstep for obvious reasons.

[paulfoel]

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)

Last time I saw solicitor they would not physically give me the will because I was a joint executor not sole one.

[atticus]

Yes, give an email address if that is what you want.

Don't give a phone number. You don't want phone calls. They can get out of hand, and there will be no 'paper' trail.

[paulfoel]

Last time I saw solicitor they would not physically give me the will because I was a joint executor not sole one.

OK as long as thats legally allowed then email it is

[atticus]

I am not aware of any law against giving your own email address

[paulfoel]

OK as long as thats legally allowed then email it is

Sorry I meant ONLY giving him right to reply via email and not via phone or giving him my address

[Tofros]

Unless you can get an email agreeing that you can be sole executor the tricky thing will be getting the solicitors to release the original will. They do though have to give you a copy of the signed will if you are named as executor.

you May have to go through the procedure to cite the inactive executor. If you ask ChatGPT or other ai about the procedure to cite executor to accept or refuse grant you may be able to get it to draft the necessary documents for you to DIY the procedure. It won’t be quick as the probate registry are very slow but if you don’t get any joy otherwise it may be your only option.

it could be worth first sending a letter by post and email asking for consent to proceed alone to get probate and stress that if he does not consent quickly the whole estate is in danger of being swallowed up in housing association rent and service charges plus legal fees.