Bonkers brother executor.

[Kittenlicker]

Hi, I don’t really know what to do, I’ve nc-ed for this as outing. My sister and brother are co-executors. I’m not. They can not work together, my brother is extremely difficult and think possibly has MH problems, certainly smokes and drinks too much (weed) He lived with my mum before she died, he is controlling, irrational and paranoid. He has been obstructive all through probate and flies into temper tantrums and has withheld information. Probate has just been granted, so my sister had set up an account for the monies to go in to ( this had been agreed previously by my brother) He has kicked off about it and said he doesn’t trust my sister and wants to open his own account, during this wrangling we found out he has had her removed as executor or should I say ‘ power reserved’ so only his name is now on probate. The family solicitor said she sent my sister a letter to that effect way back in March but she didn’t receive it. He has never mentioned he did this, so all executed behind our back, which in itself is sly and worrying. I guess what I’m asking is what should we do? Do we have any recourse. My sister did not sign anything, she wants to share the executor role as my mother would have wanted and we don’t trust my brother to fairly move forward. I’m at a loss so if anyone can help or advise? I don’t really want to take him to court as it could be costly and things are tight. Help!

Did your sister apply for probate then? Complete the forms for the probate office? Because if she did then it seems odd that the solicitor would think she did not want to act. She can still act as executor.

My sister filled all the forms in as much as she could and then sent them back to my brother to complete. He sent them with his name only on it and told the solicitor he wanted to do it without my sister, presumable so when’s ahead with this ‘power reserved’ behind her back. Probate has been granted in his name only now.

She needs to contact the solicitor urgently and tell them that they need to apply for a variation to the probate as she didn't consent to him being the sole person to whom probate was granted. I am surprised this has happened as I thought she would need to sign the probate application to say that she wasn't going to act. It raises concerns that your brother has forged her signature.

@redastherose the solicitors said she didn’t need to sign anything, which I can’t believe is true. The solicitor also now says she is only working for my brother as he’s now in charge of probate and we need to get independent help. I can’t actually believe that she wouldn’t have to sign something? That seems ridiculous.

What’s a variation of probate? We are in UK by the way.

The problem is we have only just found this all out now and probate has been granted last week...

Help? Anyone?

When I administered estates I had to get a form signed by an individual who was 'reserving their power' to act as executor. As far as I'm aware, if they don't have that then your sister can still act?

Only other scenerio is that your brother forged your sisters signature on the form and hence you would need alternative legal assistance to challenge the existing executor for acting improperly and to have him removed. Which I imagine will be very expensive.

I would be asking the solicitor why they have submitted the forms with your sister removed and for proof. If they have none and never confirmed with your sister personally, I don't see why you cannot challenge the solicitor from acting improperly.

Did your sister and brother jointly instruct the solicitor, or did he do it on both their behalf? Does he have power to instruct the solicitor for the two of them so the solicitor did not need to seek approval from both individuals?

This sounds like a hideous situation and I think you need independent legal advice.

Thank you for this. It seems they were both initially dealing with the solicitor but mainly my brother, my sister asked for the solicitor to keep them both informed but seems she never did, not until it was too late. She (the solicitor) said when queried that they didn’t need my sisters signature. That a letter was sent out to her in March and because she didn’t act then it’s now too late. All sounds very dodgy to me but I don’t know how it all works. We have asked for a copy of the letter that was sent regarding power reserved but none has been produced as proof as yet. I guess I need a good probate lawyer but at the moment we are skint!

I am so upset he has done this.

Has your sister spoken to the Probate Office herself, because I think it would be worth her asking their advice.

She has tried but they are on limited staff so redirected her to government helpline, which wasn’t very helpful!

I think your sister needs to speak to another solicitor urgently.

Yes. I tried to phone a couple today but no joy. Will try again tomorrow.

If anyone knows a good probate solicitor please let me know. X

From the government website

I would suggest you contact your local probate registry to tell them the issue. Your sister should be able to apply to have the grant of probate amended to include her as executor.

You can’t get probate without the reservation having been signed by your sister. Are you sure probate has been granted? If they’ve got to that stage how has your sister never noticed she isn’t doing things? Has she never been pro active in asking for updates from the lawyer. I don’t think you have the details correct here.

@PowerStruggle I do have the details correct. My sister helped fill in the forms for probate. She then passed them back to my brother in March to have him finalise some details. He lives in my late mother’s house so had access to some of her documents that were needed. Presumably while doing this he also had her removed. My sister did not realise she needed to be on probate too. She thought as joint executors it wouldn’t matter. She continually asked for updates but the solicitor just said it hadn’t come through yet because of delays with COVID. She asked the solicitor to keep her updated when it did but the solicitor didn’t do so for whatever reason. Probate was granted last week.

She has not been fully removed as executor, I should amend that, so a deed of renunciation was not signed...it’s called ‘power reserved’ which is different. So for example if you were co-executors and one of you lived abroad and it was tricky to sign things, the other executor could apply for this do they were able to sign and deal with probate without sending forms back and forth to be dealt with but it does mean now he has sole name on probate form and he is in charge going forward.

Is the solicitor part of a firm? Ask that someone else at the firm review the case and explain why and how your sister has been removed.

Yes, the solicitor is. My sister has asked her directly. She said my brother applied for it (this power reserve thing) and she (my sister) was sent a letter about it. After being notified my sister would have certain amount of time to object but as she never received the letter she couldn’t do this and it seemingly went through anyway.

Your sister still needs to sign the reservation. They can’t just do that on her behalf. Is it possible she has signed documents without paying attention?

I’m not sure. She’s also going through divorce so anything possible.

Can she ask to see a copy of the forms she allegedly signed?