Is this correct?

[Peapod]

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.

Well it took me two days to compose a response to my brother informing him of all the points raised & I sent it last night. He pinged his reply back within ten minutes. All it said was “ 4 days & counting” ( before he goes legal)

Can he charge his legal expenses against the estate? My sister just wants to sign off his balance sheet & get rid of him, which is tempting . So I am now on my own. He is a horrible man & it is making me ill now.

Will I have to respond to his solicitor or can I ignore it? OPG responded to my email saying to get independent legal advice.

[des8]

If you sign off this balance sheet as an executor you might be seen as accepting some liability for its accuracy.
As you had no authority to deal with the estate as the grant of probate did not name you, would you want to assume any liability?

As beneficiary there is no legal requirement you sign off the accounts.
Executors often request this as they think (incorrectly) the beneficiaries notification of acceptance will prevent any future questioning.
The executor should pay the beneficiaries whether or not they sign off the accounts, and on request, after finalising the estate, provide an inventory and account to residuary beneficiaries.

Legal expenses incurred as executor are chargeable as expenses to the estate.

There is no requirement to respond to anyone's letter, even a solicitor can be ignored!
Never ignore a communication from a court!

[Peapod]

If you sign off this balance sheet as an executor you might be seen as accepting some liability for its accuracy.
As you had no authority to deal with the estate as the grant of probate did not name you, would you want to assume any liability?
As beneficiary there is no legal requirement you sign off the accounts.
Executors often request this as they think (incorrectly) the beneficiaries notification of acceptance will prevent any future questioning.
The executor should pay the beneficiaries whether or not they sign off the accounts, and on request, after finalising the estate, provide an inventory and account to residuary beneficiaries.
Legal expenses incurred as executor are chargeable as expenses to the estate.
There is no requirement to respond to anyone's letter, even a solicitor can be ignored!
Never ignore a communication from a court!

Thanks Des8. I will sit on it & see if he digests all the points that have been raised & hope he realises they are valid & reasonable. But I know he will not capitulate, he is not that sort of person and will not want to lose face. As it is Mum’s money, he won’t care how much it costs. Thanks again, much appreciated.