Bad minded executor

[Control freak]

:tinysmile_cry_t:My brother whom I have been bullied by all my life is the executor of my fathers will and has distributed the estate , given all the beneficiaries their gifts etc and has point blank refused to give me mine through hate he has for me . I have no idea what my fathers estate was worth ' in fact he hasn't given me any info regarding the will , I found out through a 3 rd party that he is refusing to give me what is mine and also refuses to weak to me about anything . He is not approachable and I have no more information about anything and the 3rd party , who " where acting as intermedies for me , are being very vague . Help please as he is disrespecting my dads wishes

[des8]

Re: Bad minded executor

Hi and welcome.
How dreadful for you.

I would suggest your first step is to obtain a copy of the will.
Assuming your brother needed probate you can do this via https://www.gov.uk/search-will-probate.

When you have details of the will you will be able to write to your brother requesting your legacy with more certainty, and proced from there if he continues to fail to fulfill his duties as executor

[Openlaw15]

Re: Bad minded executor

:tinysmile_cry_t:My brother whom I have been bullied by all my life is the executor of my fathers will and has distributed the estate , given all the beneficiaries their gifts etc and has point blank refused to give me mine through hate he has for me . I have no idea what my fathers estate was worth ' in fact he hasn't given me any info regarding the will , I found out through a 3 rd party that he is refusing to give me what is mine and also refuses to weak to me about anything . He is not approachable and I have no more information about anything and the 3rd party , who " where acting as intermedies for me , are being very vague . Help please as he is disrespecting my dads wishes

As des8, above, states get a copy of the Will as it will be public record. Tell your brother to start being reasonable or you will take the matter to a civil court. In law, you're simply entitled to your gift, it's your fair (equitable) right. If your brother does not give your gift, you could report him to the police for potential misappropriation (type of theft) and force the gifts back to you.

[Control freak]

Re bad minded executor

Thankyou for reply but I'm afraid it gets worse.firstly I should have said my fathers from Scotland and it's making thing more complicated , because some laws are different up there . He made an accusation to the police in Glasgow accusing me of stealing from my dads estate , this off course is not true " however he has told my lawyer that the police in Glasgow need to question me and I have contacted them , but they cannot do an interview unless I go up there , as I live in London . I told the police i was unable to , and I asked if the police in London could do it? Because of the law difference and certain jurisdictions they cannot,So now I am in limbo till the police in Scotland find away to have the interview done .' Meanwhile my brother said that I won't be getting anything until , and has also informed my lawyer of the amount the estate is worth which is less than half the amount I'm aware of as I have been close with my father for five years, and in those five years my brother and father never spoke . So basically he s robbed me.. I don't know what to do now because my solicitor has backed out due to the information my brother has told him ' and Feels that his fees will not be paid as that was our agreement that I settle with what I get from the estate . I can't win is there anyone that can help wth this as it's annoying me ' it's not about a pound note, for me it's the total disregard for my fathers wishes .the greed ,lies and animosity is endless . My partner has had indirect threats in a msg on fb from their very aggressive son , they have also posted up things about me robbing from the dead . The bullying is endless.. Thanks for any feed back on this even if it just a kind word

[charitynjw]

Re: Bad minded executor

https://www.scotcourts.gov.uk/taking...d's-estate

[Control freak]

Re: Bad minded executor

Thankyou for the response , I already have a. Copy of the. Will

[Amethyst]

Re: Bad minded executor

And what provision is made for you in the will ?

[des8]

Re: Bad minded executor

IMO you have three discrete problems, and they need to be dealt with in isolation.

1) False accusation made against you to the police.
The police don't seem to be taking it very seriously if they aren't insisting you attend for an interview, under escort or voluntarily.
In any case allegations do not preventing you obtaining your inheritance.

2)valuation of the estate. Do you have actual proof of the undervaluing of the estate?
Have you a copy of the inventory supplied when confirmation granted?
Was it a large or small (under £36000) estate
Are any of the other legatees(if any) aware of this, and does it affect their inheritance?

3)refusal of executor to pass over your legacy.
I understand it is possible to apply to the court to remove the executor on the grounds of their breach of fiduciary duty to a beneficiary, but I have yet to find the process in Scotland

[charitynjw]

Re: Bad minded executor

IMO you have three discrete problems, and they need to be dealt with in isolation.

1) False accusation made against you to the police.
The police don't seem to be taking it very seriously if they aren't insisting you attend for an interview, under escort or voluntarily.
In any case allegations do not preventing you obtaining your inheritance.

2)valuation of the estate. Do you have actual proof of the undervaluing of the estate?
Have you a copy of the inventory supplied when confirmation granted?
Was it a large or small (under £36000) estate
Are any of the other legatees(if any) aware of this, and does it affect their inheritance?

3)refusal of executor to pass over your legacy.
I understand it is possible to apply to the court to remove the executor on the grounds of their breach of fiduciary duty to a beneficiary, but I have yet to find the process in Scotland

http://www.gov.scot/Publications/2013/03/9207/0

[Control freak]

Re: Bad minded executor

I one quarter residue of his estate. Not a large estate , my share I estimate is 12-18 thousand . And I have a sibling who is now deceased and he has distributed his share to himself and another executor .

[Control freak]

Re: Bad minded executor

He has not shown me any thing in relation to the estate . I have asked and he has refused , and also I now know he didn't apply to the court for confirmation as they call it in Scotland . He has done a DIY probate according to another beneficiary . This was justified when I enquired with the sheriff court in the area where my father lived . I looked after my dad for years I knew every penny he had as he trusted me , my brother and he hadn't spoke for years , my father was in the process of changing the will, unfortunately he died before this was in place . I have no solid proof , I only have my fathers word and the clear insight I had into his financial circumstances . I didn't think to record anything at the time whilst caring for him as i didn't think this would happen . . Thankyou for the reply . If you do find any thing in Scottish law relating to this that could help , it would be much appreiciated. I am not very good with law in any form . Thankyou

[Openlaw15]

Re: Bad minded executor

He has not shown me any thing in relation to the estate . I have asked and he has refused , and also I now know he didn't apply to the court for confirmation as they call it in Scotland . He has done a DIY probate according to another beneficiary . This was justified when I enquired with the sheriff court in the area where my father lived . I looked after my dad for years I knew every penny he had as he trusted me , my brother and he hadn't spoke for years , my father was in the process of changing the will, unfortunately he died before this was in place . I have no solid proof , I only have my fathers word and the clear insight I had into his financial circumstances . I didn't think to record anything at the time whilst caring for him as i didn't think this would happen . . Thankyou for the reply . If you do find any thing in Scottish law relating to this that could help , it would be much appreiciated. I am not very good with law in any form . Thankyou

What did the sheriff actually state about you being deprived of your 12-18k interest? About the crim. matter, if there was evidence the Scottish police would find away to have you arrested.

[Amethyst]

Re: Bad minded executor

I have a sibling who is now deceased and he has distributed his share to himself and another executor .

Was the sibling who is deceased included in the will then ? Are you all named and have individual legacies or is it divided equally between 'my children' ? Also does that sibling have children ?

[des8]

Re: Bad minded executor

Number of questions for clarification:
1) you estimate residuary value of estate in region of £50,000 - £70000. Do you have any idea of the estates total value?
Can you prove this, or could it be proved by access to yout late father's bank accounts etc?
2) who did you speak to in the Sherrif's office and how did they justify not requiring confirmation for such a large estate?
I believe (but open to correction) that where the estate's assets are over £36000 in value, exemption does not apply, (but is normally needed anyway if the estate value exceeds £5000)
3)your sibling who has died../ was this before or after your father's passing?

[Control freak]

Re: Bad minded executor

My deceased sibling is a beneficiary , myself ,and also another sibling , she s a child and and she has two gaurdians who have refused to tell me how much they received for her legacy and I am also aware that both these gaurdians already had a part of it before my father died . I remember he put it in at rust for the child and they used it. My father was very angry at the time , but was very ill and didn't want to say anything because of the situation with them being gaurdian to the child. They are good parents to her but they did actually take the money and jewellery which totals 10,000 . I put this to her in a msg and she is denying it, and I am sure my brother is aw are of thi s and reported to the police that I have stolen it . I think the trustees' gaurdian s are all conspiring , because I don't see any reason why she wouldn't tell how much the child received . Denial of everything . I am not going to be a scapegoat for anyone . The sheriff court in Glasgow confirmed that they didn't give confirmation to my brother , they told me that this was not illegal ,people often do a d I y probate. And we were all left a quarter residue of his estate . Myself , my deceased sibling , the child and of course my brother who is executor and also beneficiary.i know how much the estate is worth and I know what he told my solicitor is lies . He has said that there was only 20,000 left after everything else was paid . I looked after my dad for years . They have only just come on the scene through the will . He and my father hadn't spoke in years and I know my dad wanted to change the will but it was to late , he died and the solicitor came to his home two days after his death . I just want the estate to be distributed by a neutral body . Not sure how I go about this . I don't care about the money , But I do care that he has discredited my name publicly by saying I stole from my fathers estate . Its just this Scottish and law are different and I am still waiting to be seen by the police whom I have tried to get things to move forward. Thanks for responding to this .