Is this correct?

[Peapod]

I am a co executor along with my sister, & brother, on my mother’s estate which was a simple straightforward will. My brother has processed the probate and produced a balance sheet of figures. He has asked us to sign & approve the figures without sight of any statements, invoices or probate documents, nothing.
He says he will not give us the full accounts background, supporting figures or release funds until we sign & approve his balance sheet. He said he is within his rights to do this. I can’t sign off or approve accounts that I haven’t checked.

[des8]

There are three executors and you should be acting in agreement.
When you say your brother "processed" probate what exactly do you mean?

Has a grant of probate been obtained?
If so was the grant issued in all three names?

Certainly you don't have to approve anything if supporting documentation is absent
Whether or not you are an executor, if you are a residuary beneficiary you are entitled to see a full inventory and accounting

[Peapod]

There are three executors and you should be acting in agreement.
When you say your brother "processed" probate what exactly do you mean?

Has a grant of probate been obtained?
If so was the grant issued in all three names?

Certainly you don't have to approve anything if supporting documentation is absent
Whether or not you are an executor, if you are a residuary beneficiary you are entitled to see a full inventory and accounting

Hi, yes agree we should be acting together as executors. We all agreed my brother would apply for probate and it was granted in December 2020, I have no idea if we are all on the probate document as he has supplied no information whatsoever. He says we must sign his balance sheet before he can distribute assets, and only then will he let us see the accounts. Quoting that estate accounts do not have to be shared with those entitled to see them until after the estate has been finalised. I have tried to make a solicitors appointment (worth the £70 for consult) but they won’t give advice on contentious matter??? I have also emailed OPG & Probate Office but could be a while before they respond. I am tempted to sign his balance sheet but stating without prejudice & without due diligence as access to the accounts is being refused, but am not sure where I would stand if I raised a query afterwards. We only communicate by email & he would probably ignore any messages from me afterwards. He is very strange!

[des8]

So probate was granted to your brother.
Did you have power reserved to you and your sister?

You can obtain a copy of the probate record here: https://www.gov.uk/search-will-probate

[Peapod]

So probate was granted to your brother.
Did you have power reserved to you and your sister?

You can obtain a copy of the probate record here: https://www.gov.uk/search-will-probate

Thanks very much for the link, most helpful. Just waiting for download.
Yes, my brother applied for and was granted probate. Not sure what you mean by ‘power reserved’. All three of us were equal.... power of attorneys & executors.

[des8]

Power reserved:
When a Will names more than one Executor, not all of the Executors have to act if they don't want to. If one Executor doesn't want to act, they can have Power Reserved to them, which means that they won't need to take an active role in the administration of the Estate. The other Executor(s) will then take on all of the Probate responsibilities.

[Peapod]

Power reserved:
When a Will names more than one Executor, not all of the Executors have to act if they don't want to. If one Executor doesn't want to act, they can have Power Reserved to them, which means that they won't need to take an active role in the administration of the Estate. The other Executor(s) will then take on all of the Probate responsibilities.

Thank you.

[Peapod]

Just had copy of Probate document & yes, it only has his name on it but it also says ‘power reserved to co executors’ He is now threatening that if I don’t sign off his balance sheet within 7 days, he will go legal.
I am still awaiting a reply from OPG asking them if I can be forced to sign off his balance sheet without supporting paperwork. I will try to make a solicitors appt after the Bank Holiday.

[des8]

I wonder what he means by "going legal"?
Has he been illegal until now? Empty threats.

You cannot be forced to sign off anything.

Why have you referred it to OPG?
The OPG has nothing to do with executors. It is responsible for registering powers of attorney and deputyship orders and supervises the activities of the registered attorneys and deputies. The LPAs held by you and your siblings ceased to have any effect when your mother passed on.

As you had power reserved were you notified in writing that an application was being made for a grant of probate?.
If not it means he completed the application fraudulently.

You could apply for a grant of probate yourself, or warn your brother you will if he does not provide the necessary supporting documentation.
If you want to go down that route the form is Cap Form A5C.which I think is only available direct from the probate registry.

[Peapod]

I wonder what he means by "going legal"?
Has he been illegal until now? Empty threats.

You cannot be forced to sign off anything.

Why have you referred it to OPG?
The OPG has nothing to do with executors. It is responsible for registering powers of attorney and deputyship orders and supervises the activities of the registered attorneys and deputies. The LPAs held by you and your siblings ceased to have any effect when your mother passed on.

As you had power reserved were you notified in writing that an application was being made for a grant of probate?.
If not it means he completed the application fraudulently.

You could apply for a grant of probate yourself, or warn your brother you will if he does not provide the necessary supporting documentation.
If you want to go down that route the form is Cap Form A5C.which I think is only available direct from the probate registry.

I contacted the OPG because I thought they handled concerns about executors?...

.I am not very good with all this and just wanted to ask them if it was true that we, as co executors, and according to my brother, have to sign/approve his balance sheet before he will release any supporting documentation, and before he will release the funds. Just doesn’t seem right.

We agreed he did the probate as he had all Mum’s financials & it would be easier!!!!! how wrong we were!
We have had no notification informing us that an application was being made???? We hadn’t even seen the official Probate Document until you kindly provided the link, thank you, so I could down load it, it is just his bombastic attitude about demands that we sign everything off without a check.

He won’t accept me just telling him he is wrong (if he is?...) and he would want cast iron proof (like a solicitors letter) that he has to release any supporting information to us, prior to us approving his balance sheet. So I will probably have to try and obtain something in writing anyway.

[MIKE770]

always ask on here before doing anything - shows lack of knowledge and they play on that okay!

[Peapod]

always ask on here before doing anything - shows lack of knowledge and they play on that okay!

Thanks for advice, and yes I am really struggling because now he says unless I sign off his balance sheet in the next six days ‘ I shall be in breach of the Office of Probate Executor’s contract and that I am deliberately obstructing the process.

He states ‘The Estate accounts do not have to be finalised or shared with those entitled to see them until the Estate has been finalised. He says I have no entitlement to see the full finalised accounts until after I sign/approve them. It is not even a case that I dispute any of his figures, I just want to see the figures behind the balance sheet before approving them. I want the intimidation to stop and get on with my life instead of dreading opening my emails.

Until I can get legal advice I don’t know if what he is saying is right.

[des8]

What the hell is "Office of Probate Executor’s contract "?

I know of the probate registry and I've heard of contracts, and I have an idea about executors duties.
Does he?

regarding Probate application , Form PA1 sec3.6 asks about executors not applying and opting for power reserved.
It clearly states the applicant "must notify them of the application in writing".
The form continues "The undersigned declare that written notice has been given to all executors who have power reserved to them and are not making this application."
You were not notified.
On signing the applicant confirms "the application is truthful."

Well I would write telling him to go "legal" and point out that he signed the probate application fraudulently
There is no need for you to incur the cost of a solicitor's letter
In the meantime insist on having full accounts before signing off

[Peapod]

What the hell is "Office of Probate Executor’s contract "?

I know of the probate registry and I've heard of contracts, and I have an idea about executors duties.
Does he?

regarding Probate application , Form PA1 sec3.6 asks about executors not applying and opting for power reserved.
It clearly states the applicant "must notify them of the application in writing".
The form continues "The undersigned declare that written notice has been given to all executors who have power reserved to them and are not making this application."
You were not notified.
On signing the applicant confirms "the application is truthful."

Well I would write telling him to go "legal" and point out that he signed the probate application fraudulently
There is no need for you to incur the cost of a solicitor's letter
In the meantime insist on having full accounts before signing off

Thanks Des8, you made me laugh . It is funny when it doesn’t make you ill with stress.
But my brother is a one off, & will tell anyone that he knows better than them. He will have read up on things & consider himself an expert. He quotes to me, ....”You are now obstructing the office of Probate Executor, by withholding signatures on the basis you have a perceived an entitlement, that you don't have! To the best of my knowledge, this rule is to discourage any third party interference with the estate accounts. A safeguard against intimidation” .................. see what I am up against!

I do just want it all over so I can cut all ties with him.
But re your message, I will/might tell him to go legal, if I am brave enough, quoting that we never received written notice of his intention to apply for probate just to see what happens!!! Does it matter that we all verbally agreed that he would apply for probate at the solicitors when we picked up the will?
We have never received any details of anything to do with the estate, other than his balance sheet.

I know he will never agree to show us the full accounts until I sign. He is adamant he doesn’t have to show us the full accounts so I am worried that if I sign/approve, what happens if I find out something is wrong after receiving the full accounts? I am not sure if I am strong enough to call his bluff and I really can’t get involved in a stupid legal battle because of my duties as a carer. My sister and I really regret not appointing a solicitor to handle it all & avoid all this grief.

[des8]

Yes it does matter that you were not told in writing.
The form is explicit.
You were not informed in writing so his confirmation that the application was truthful is false.
You may have agreed verbally, but the requirement for it to be in writing is to ensure there is no mistake nor anyone has changed their mind.

Also bear in mind that although you were not involved in the settling of the estate as a coexecutor, even with power reserved you have some limited liability (although there would be difficulties in making a claim against you) and so you need a full inventory and accounting prior to agreeing the accounts.( As executor with power reserved there is actually no need for you to sign off the accounts anyway! but let him keep going!)

As a residuary beneficiary you are also entitled to an inventory and full accounting, but only after the Estate has been finalised
Beneficiaries do not have to sign off the estate accounts.

Ask him in which statute or regulations these rules appear, (quoting the relevant section) or any case law supporting his statements.