Probate

[Hector123]

How can I force my brother to apply for Probate on my late Fathers property?
He has rented it out without informing me what can I do?

[ostell]

Is he named as an executor? Is There a will? If not why can't you apply for probate?

[Hector123]

He is the Executor he has asked if I will give my permission to sell without Probate.

[ostell]

I'm far from being an expert but I think trying to sell without probate could cause quite a few problems.

Do yo know what the will says?

[Hector123]

Yes he is the Executor and I receive half of the property although thats a long story.......he needs my signature to sell. I have refused until he gets Probate. He does not want there to be a record of my Dads Estate. I presume because he is on benefits.

[des8]

He will not be able to transfer the title to the house without obtaining a grant of probate.

When did your father pass away?

[Hector123]

13th June 2019 I think that he does not want the DWP to know he has inherited money and a house. And rents it out.

[des8]

That is quite some delay for no reason!

If IHT was payable that should have been done within 6 months of your father's passing, and failure incurs penalties.
Having rented the property, he must account for the rents within the estate accounts.
He has a duty to act in the interest of all beneficiaries, and an unreasonable delay enables the beneficiaries to apply to have him replaced. He could also be sued for withholding your property

As he hasn't yet applied for probate, to replace him you would need to make an application under section 116 Senior Courts Act 1981 to the Probate Registry
An alternative way is an application to the High Court under section 50 Administration of Justice Act1985,

Before making an application it is necessary to serve a citation on the executor.

IMO you should write to your brother pointing out his failure to comply with his duties and the possible actions you might take to remedy the position.

There is no need to tell him how difficult and expensive it can be to replace an executor
Link to independent article about removing an executor; https://www.thegazette.co.uk/all-notices/content/103565

[Hector123]

I did contact his Solicitor and explain I wanted to know the full amount of my Dads Estate but this has been ignored.

Thank you for all your help

[des8]

It might be worthwhile contacting a solicitor who specialises in contentious probate.
Perhaps a fixed fee one off consultation to consider your options, and see how any legal action could be funded.