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!

@boscoismyspiritualanimal she apparently didn’t have to sign any forms...or so the solicitor said. Just be notified.

The grant wouldn’t have been issued without your sister having signed the reservation. It’s just not possible for that to happen. It’s super common for one executor to extract the grant because it’s usually cheaper and easier that way. Your sister should ask the lawyer for a copy of the papers that were lodged with the court, you can ask the court for a copy if the solicitor can’t give them to her. It’s hard to know without seeing what has and hasn’t been signed why the grant would just have been issued to brother. It would also be weird for the solicitor not to just hold the funds in the client account and make the distributions in accordance with the will. I would only see individuals open probate accounts when they are self administering.

Does your sister have legal insurance on her house insurance (or bank account or as an employee perk or union membership etc?). If so, now would be a good time to use it - and it would be free as she’s already paid for it.

If she doesn’t and you have it I don’t know if you’d be able to get help?

I understand how stressful it can be - when fil was alive he made sil and her dh executor of his Will. A few weeks before fil died his partner - not wife - asked dh if he would be executor because she had fallen out with sil. Dh very kindly pointed out that as fil had Alzheimer’s his Will couldn’t be changed. Partner had been a very senior lawyer so would have known this - it’s not like she could say she didn’t know this because she was [any other profession that doesn’t involve the law]. Fil sadly died a few weeks later and his sil tried to approach the solicitors about executing the will but was told she wasn’t executor. Dh tried to talk to them just to find out what was going on - fil’s partner refused to talk to any of the family - and was told they didn’t have the Will and couldn’t tell you any more. It’s not like they were expecting any money but fil used to have lots of bits and bobs of family history - old photos, written stories, nothing worth anything other than in sentimental terms, that dh and his sibling would have liked to have had so they could have shown to their own dc, as they remember their dd doing to them. Guessing that it was all thrown out or partner has kept it but I’m pretty sure that my dc and dn will never see it or hear the tales of their ancestors with pictures to help. Seems there is nothing to be done so hope you have better luck!

@PowerStruggle it is possible and it has happened. She doesn’t have to sign anything you are just notified with a period to object to it. If you don’t object it goes through automatically.

Your sister can apply for probate and say that she no longer wishes to reserve her powers, but she'll need to make the application to the probate office herself. If I was you, I would inform the family solicitor of this fact in writing as once probate is granted, they will need both signatures to administer the estate.

I would also say that I am not sure you have the whole story here, for whatever reason. I'm not a legal expert, my DH has been an executor on a number of occasions unfortunately and although he has had other executors resign completely, he's never had the reserve issue.

But by reserving power the executor who has not initially applied for the grant of probate retains the right to prove the Will at a later stage. This is achieved by making a separate application to the Probate Registry leading to a grant of double probate. Thereafter any documentation will need to be signed by all of the executors.

From this page:-
wedlakebell.com/executors-reserving-power-grant-probate/

Also have a look at Double Probate
disinherited.com/probate-litigation/what-double-probate/

No recommendations for the legal firms, just a Google search. Hope you get it all sorted out OP, it's a stressful time anyway.

Thank you. Probate already been granted so hence the worry, in my brothers name only. Think we will just need to get professional advice as very grey area.

Can recommend a very good, knowledgeable (and decent) wills specialist solicitor. She sorted a dispute for me quickly and simply because she knew exactly what to do.
Pm me if you want her details.

P.s. She will ask you a few pertinent questions and tell you straight!

@Neverending2020 that might be very helpful but do you know how much she charges? We have just had quote for this and for 2 hours work It will cost nearly £900 which we can’t afford...

This thread is a classic example of why it can sometimes be a good thing to appoint a solicitor as sole executor - yes, even though they charge!

My sister and I don't get on, and because of that my mother has specified her solicitor is the executor and there are a few specific instructions, such as a clear instruction to sell her house and distribute the proceeds, not let my sister live in it nor rent it out, etc., for specific reasons.

Sometimes it's good to let the professionals handle it so you don't have the stress of sibling arguments etc.

@Kittenlicker
Actually you have a very specific question to begin with. This is in regard to what your brother did/what your solicitor accepted.
Was this legally correct? Yes or no?
That is a straightforward question.
You should get the answer from a first general enquiry.
If the answer is no, then solicitor will outline the steps to remedy. Again, I would assume there will be specific and identifiable steps to resolve in order to bring you back to the original starting point.
My situation - although totally different to yours- was also specific. Therefore a set cost should be given to resolve. This isn't an open ended situation. She told me it was a set price of £1500 and that involved contacting other solicitors in America and the Isle of Man and getting all sorts of documents!
Finally you should tell the solicitor (providing your brother is in the wrong), that any costs should come out of his share if the estate.
He has played dirty. Don't let him get away with it.

Hi OP,
If you have a look online at Form PA1P, section 3.6, C, it looks as though one executor has to notify the other that they are taking the power reserved route. Your brother may have done that in the letter which your sister isn't sure she saw.

What doesn't add up though is that your sister should have appointed the solicitor jointly with your brother so she should contact the lawyer and find out what's gone on. I'm acting as executor at the moment with another relative and although I'm doing most of the paperwork with the lawyer, the other relative also had the letter of engagement from the solicitor and we're both applying for probate/signing the forms.

@Neverending2020 there’s a few questions that need to be asked. Was it legal? What are the ramifications going forward. What checks and balances are there that he will act correctly in this manner if we let him go forward as the situation now stands?
If my sister has't been formally informed about being removed is there any recourse? It seems ridiculous and unfair that there wouldn't be.
If the only way of recitfying this is for my sister to apply for double probate (which will take a while) what will happen in the interim timeframe if my brother goes ahead under his own steam? Would he be able to proceed or have to wait until the double probate comes through?
Would it have been the solicitors decision to apply for power reserved on Nick's behalf? (We are unclear why or who suggested it and what the motivation is/was)

Is it true that if a solicitor applies for probate , they need only to notify the joint executor that their status is now PIR and do not have to have a signed form in agreeing this?

Is having a joint executor account, or it being held by the solicitor enough of a check that the estate is being distributed fairly.?

What happens further down the line with decisions about the estate? Do they all now fall to my brother? Can this be easily reversed?
There is still the house and contents to distribute so more possible problems ahead.
My brother will not answer the question as to why he has done this behind her back.

@user1497207191 you have no idea how hard I tried to persuade them to do this but I’m not executor so was not listened to and they wanted to ‘save’ money.

@GU24Mum my sister asked the solicitor to notify her throughout everything but she didn’t really except to say there were delays.

Find out who the partner is in charge of the wills and probate team and ask them for a review of the file and a copy of the letter that was sent to your sister.

OP, she should get in touch now though and ask what's gone on and why the application was made in that way.

@GU24Mum we are awaiting a reply.

Good luck. Being an executor is pretty thankless and it can be easy to leave it with the person who looks more keen on doing it and hope that they play fair. We've learned the hard way that family/friends can be surprisingly keen to engineer things their way "to save you the hassle" / "because we thought that was best" / "because we didn't want to bother you". I could write an essay.................!

@GU24Mum thank you. If he had been completely transparent and above board on everything it might have been different but it all seems so underhand. 😔

She wouldn't have had to sign anything and could have been sent a power reserved notice although I'm surprised the solicitor didn't discuss it with her. Might be worth checking it was sent to the correct address (speak to her secretary).

But all is not lost. If probate has been granted you can get a copy and a copy of the will if you haven't already seen it.

The solicitor must distribute the funds in accordance with the will. So your brother can be as bonkers as he likes but he can't change the terms of the will (without a deed of variation which would have to be signed by all the beneficiaries who are presumably you and your siblings?).

Technically he could instruct her to pay him all the money with a view to him distributing it according to the will but he would be personally liable to the beneficiaries and if he didn't pay out they (you) could sue him.

And no one needs a special bank account. The solicitor could just send your share to your usual bank account.