Probate and Entitlement

[Candi123]

I am an executor and beneficiary of my late mother's Will together with my brother and sister. My brother dealt with the estate and has set up an account which is to be split 3 ways according to the Will. The problem is that my brother won't give me my third because I'm a recovering alcoholic. I'm in danger of having my house repossessed but he still won't budge. I would appreciate any advise on where I stand legally. Thanks.

[des8]

Re: Probate and Entitlement

Firstly, if probate was granted less than 6 months ago, it is sensible not to distribute the estate just yet.
Have you seen a copy of the accounts showing total assets and liabilities of the estate, and if any liabilities are outstanding?

However your brother has no right to deny you your inheritance.
Presumably he is concerned you may not spend it wisely, but that is none of his business.
One's sensible actions may be deemed insensible by another that is solely a difference of viewpoint.
George Best is famously quoted as saying "I spent a lot of money on booze, birds and fast cars. The rest I just squandered".

I believe you should speak to your brother, pointing out his duties as joint executor to distribute the proceeds of the estate in accordance with the terms of the will.
If he refuses it might concentrate his mind if you instruct a solicitor to write that you are considering steps to have him removed as executor.
Removing him as executor could prove a costly exercise and to initiate that step you would need to send a protocol letter warning him before making application to the court.

[ostell]

Re: Probate and Entitlement

Would he be willing to make an initial distribution of part of the estate so that you don't lose your home?

[Candi123]

Re: Probate and Entitlement

Thanks for your reply. Has already agreed to pay the mortgage for me from the account, and I've asked for a monthly payment for living costs, but this has been going on for 2+ months and he's done nothing. I had already accepted that he wouldn't give me the whole amount but now I'm ready to fight for what I'm owed.

[Peridot]

Re: Probate and Entitlement

Hi,
It seems sensible to make sure the mortgage is covered. As Des8 mentioned when was the Grant of Probate obtained? It would be foolish of the executor to pay all the beneficiaries before a 6 month period has passed as there could be a claim against the estate made in that time. It is of course up to you what you do with your inheritance and the executor cannot prevent you receiving the inheritance provided it was left to you outright and not in a discretionary trust for example.
Maybe find out when the executor expects to pay the rest of your share and his reason for the delay, if there is one? Have the other beneficiaries received the whole of their legacy yet?

[Candi123]

Re: Probate and Entitlement

Hi. Thanks for your reply. The Will states that myself, my brother and sister are all executors and equal beneficiaries. I don't know exactly when probate was granted but there were no outstanding debts to sort out and no one contested the Will. My sister and brother have already got their inheritance whilst mine is still in the probate account, yet to be released to me. I have received much advice about this matter and no has one said he has any right at all to withhold it. I am on the brink of consulting a solicitor but have no money (sic). I'm looking into legal aid but I'm hoping that the suggestion of seeking legal advice will be enough for him to pay out.

[Peridot]

Re: Probate and Entitlement

Hi,
If you were a named executor, why were you not involved in obtaining the Grant? Did you sign anything saying you renounced your position as executor, or wished to have power reserved to you?
If you are on benefits you may be entitled to legal aid, although it is becoming more difficult to obtain this. You may be able to get a free half hour or reduced fee first appointment to find out what the options are. It may be there is a reason for withholding the legacy, something to do with the Will, which you should have seen if you are a co-executor. Advice from friends although well intentioned may not be correct, you need advice from a legal specialist.
Maybe let the other executors know that you are seeking legal advice. It sometimes gets people moving!