in regard to my late father's estate

[jak]

Hello, I am wondering if anyone could offer any advice, I doubt that there is anything I can do but just thought id ask some opinions!
so, my father passed away in 2017 leaving my brother and I (both adults!). in January 2016 my father sold his flat for 265k and moved into a retirement property costing 165k . partly because of a Parkinson's diagnosis and partly so that he could pay off some of my brothers debts. we got together as a family and discussed what was happening, my dad was to pay off 2 mortgages for my brother totalling approx £80k,.it was agreed (verbally only) between us all that whatever my dad paid out for my brother, this amount was, on the event of his (dads) death to be given to me and then the rest of the money left to be split equally, we all agreed to this and my dad said he would change his will to show this. unfortunately, he never did! though he and I discussed this often and the verbal agreement was in place, there was never anything in writing, I (stupidly) believed that my brother would honour my dads wishes and indeed he was so desperate for his debts to be paid off was happy.
so, now, we have sold my fathers property, the day my dad died (unexpectedly - suddenly - I found him) my brother immediately said he would be the executor. he is a couple of years older than me so I thought this quite ok. I have literally just spoken to my brother as the flat sale has completed and asked him what the final amounts were etc and when I could expect to get mine, in a conversation we had about a year ago we agreed that I would get 60k first out of the estate and then split the rest. (verbal agreement with the irony now being my brothers words being ' I don't know why you think I'm going to screw you over'!!!!! I was happy to agree to the 60k rather than 80k as it just seemed easier to not lose my brother over it!
on the phone just now brother said 'I've decided to give you half of the estate'. NOT 60k first then splitting the rest. It would have meant I was supposed to get approx 110k instead I will get about 75k. (please don't get me wrong, I know this is a lot of money and I am very grateful, but it goes against everything my dad not to mention my mum would have wanted and what we all agreed).
the only will we have was written in my mums handwriting (she passed away in 1997) and was official - it was signed and witnessed and stated that if my dad passed, everything went to my mum and if he outlived her everything would be split equally between my brother and i. I fear I cannot challenge this. my dad never changed it in the 30 years since mum passed.
I have the proof that my dad paid off my brothers debts, also, as I helped with dads banking I have statements showing the thousands of pounds my brother received from my dad over the last 10years - to help him out!.
do I have any chance whatsoever of challenging this and getting my dads estate divided in the way my dad wanted or, as I fear does the old will make any claim I have totally impossible? Im not surprised my brother has done this, he is in so much debt he is desperate to get as much money as he can but this not follow my dads wishes.
I am so sure that you are all going to say 'sorry - but the will cannot be challenged!!!!!' and I think I'm going to have to just accept it, but I'm so disappointed in my brother for his dishonesty that I wanted to check with you guys just on the off chance!!! I know one of the suggestions may be to talk to my brother, however, I just tried this and he put the phone down on me, he was always a bully and to be honest I am scared of him.
I appreciate no end any help/advice you could give, even just to suggest whether or not it is worth me talking to a solicitor!! (which I probably can't afford now anyway!!!!)
again, thank you so much for any help and the time it has taken you even to read this!

[lawboy65]

I sympathise with your situation. However, you say that your late father's will was signed and witnessed appropriately. You also say that your brother has said he will give you half the estate. Firstly it is not clear who the executor of the will is? secondly an executor cannot distribute the estate as he wishes but must distribute as is written. If there are any alterations to what is written you must report this to the probate office. You say you do not have funds for a solicitor, but you will receive a large sum of money as a beneficiary of the will, most solicitors will act for you providing you sign an agreement to settle after you receive your share of the will.

[des8]

Verbal alterations to a will are a grey area legally. In the strictest sense, verbal alterations are just as viable as a codicil – that is, a written alteration to a will. In reality, however, they are very difficult to enforce. In order to make a verbal alteration as safe as possible, the testator should ensure that it is witnessed by at least one 'disinterested' individual. Even then, however, the legality of verbal alterations are frequently questioned; memory is unreliable, and this can be grounds for a challenging of the will.

Further do factor in the cost of such a challenge.
Contentious probate is horrendously expensive and you could find that the extra you are seeking will be swallowed up by solicitors fees.

Perhaps warning your brother that you are thinking along those lines but would rather negotiate an increase in your settlement, but not the whole amount, might be more productive