Advice please

[Pezza54]

Thanks
The ISA account that was in your mother's name should be part of the residuary and shared amongst the beneficiaries as the will

Your brother executor and yourself as co-executor have a responsibility to ensure this happens. You should contact your brother and make him aware of his legal duty

I was incorrect in my last sentence in post 11. Banks are now more lenient in releasing funds to executors without probate. Some of the large high street banks release £50k+ when the executor produces ID, the death certificate and the will. Your brother may have dealt with the bank on your mother's behalf when she was alive so they know him personally

Did you check the land registry? Has he managed to become the sole owner?

If your mother's name is still on the deeds you should consider lodging a caveat to prevent probate issuing the certificate and thus stop your brother becoming the sole owner.

You can withdraw the caveat when your brother pays the correct amount to the beneficiaries

[Dowhatsright]

Hi thanks for the reply.

Yes have search land registry and property is still in my mums name. I have taken your advice and lodged a caveat.

[Dowhatsright]

Pezza54 I have a question. When the will was written my brother already had his name on my mums account as a joint account holder. so how was the gift of residue supposed to work?

[Pezza54]

Please see my post 16
If your brother has transferred the ISA account to his own personal account and is spending the money, you may need to make a court claim against him to recover the estate funds.
Do you know how much money was in the ISA account?

The residue would consist of the ISA account and any other accounts that your mother held as single account holder

[Dowhatsright]

Thank you .
Hi he has done exactly that. There was £8,*** plus