Advice please

[Dowhatsright]

Hi all, Long story short, parent has died recently. Two executors on will, but only one executor knows the ins and out of funds etc.
same said executor has inherited the deceased 60% share of the property that the executor owns 40%.
said executor also had control of parents account and eventually was a joint account holder, knowing it cancelled out a gift of residue in will (any funds left after funeral payment, must go to.other children)
have some bank statements proving misuse of funds before death.

[PallasAthena]

When you say "said executor also had control of parents account " do you mean the executor had a formal Power of Attorney for your parent before the parent died?

"have some bank statements proving misuse of funds before death" - what sort of misuse do they prove?

"Two executors on will" But what has happened about Probate? Has Probate been obtained? Who ius named as having Probate? Both Executors? Or only the one who "knows the ins and out of funds etc."

What advice are you seeking here?

[Dowhatsright]

When you say "said executor also had control of parents account " do you mean the executor had a formal Power of Attorney for your parent before the parent died? No he did not.

have some bank statements proving misuse of funds before death" - what sort of misuse do they prove? He was using parents funds to fund purchases for himself i.e car parts, divorce solicitor payment.


"Two executors on will" But what has happened about Probate? Has Probate been obtained? Who ius named as having Probate? Both Executors? Or only the one who "knows the ins and out of funds etc." He says he is in no rush to trigger probate and has said all I need to do is sign a form when needed for probate and he will do the rest.

[Dowhatsright]

Seeking advice on seeing where I stand legally as the executor who has no information regarding my parent's financial picture at at the end of life and beyond. I don't want to be blamed, by the other siblings, for all the cloak and dagger stuff the other executor is doing.
I am sadly in the position of being a scapegoat.

[Pezza54]

If you are right and your brother executor owned 40% of the property as tenants in common, and the will states he inherits his parents 60% share, then probate is required before he can become the sole owner on the land registry
Why did your parent let your brother become joint bank account holder? There was no need, he could have been made a secondary account holder with their bank. If he was a joint account holder the account funds have now passed to your brother.
You stated that remaining funds should be shared between yourself and your siblings.
If I am right there aren't any funds remaining. Your executor brother has managed to cop the lot through no fault of your own
You should speak to your siblings as soon as possible about contacting a contentious probate lawyer to challenge the will.
It doesn't sound as if it was your parents intention that your brother should inherit everything
The lawyer may suggest a caveat is lodged at the Probate Registry

[Dowhatsright]

Pezza54 have private messaged you. Thanks

[Pezza54]

Sorry I don't reply to private messages. I have read it and I will try to provide advice without including personal information
You should search the land registry online to check if your mother is still named as the sole owner or whether your brother's name has been included as tenants in common. Hopefully not joint tenants.

The transfer of equity under a will requires probate. This is necessary if your brother isn't a joint tenant
Your brother may try to apply to the probate registry to become sole executor, even though the will states 2 executors

Anyone can lodge a caveat with the probate registry and only costs a few pounds
You should consider doing this. Take the opportunity to research on-line about caveats, warnings and appearances

When your executor brother was made joint bank account holder with your mother, do you think she was aware of the implications of this at the time? Did she speak to you about it?

[Dowhatsright]

Hi thank you for your reply.

Have searched and it is still in mom's name solely.

ok i will reasearch caveat and do what is necessary.

My mom never understood the implications of putting him as joint account holder. We did speak about it and she held steadfast that he was supposed to adhere to the gift of residue.

He has since had money out of an ISA mum had, that was in her sole name.

[Pezza54]

You should search on the probate registry. Not sure how your brother could have accessed your mother's isa account without the probate certificate

[Dowhatsright]

Good morning
He showed the bank a death certificate and the will. A bereavement case was opened. After everything had been done, the money was transferred by the bank to his account (which used to be the joint account).

[Pezza54]

Good afternoon
can you please post the clauses in the will regarding who inherits what, redacting names and addresses

The will states two executors. The will also states residue of the estate (bank funds) to go to 2 children including yourself

If the bank was going to release the funds before probate, they should have transferred the money to a joint executors account

[Dowhatsright]

Hi as requested. Funds from account was transferred to his personal account

[Pezza54]

Thanks, but before I comment, I need to know what was gifted under will clauses 5 and 6

[Dowhatsright]

Hi as requested. Funds from account was transferred to his personal account

[Dowhatsright]

Hi as requested thanks