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Original poster

Stepbrothers trying to steal my inheritance

70 replies

AchillesLastStand · 03/09/2023 07:26

My dad died in June this year after a short battle with Alzheimer’s. It was very hard and emotionally draining to watch him deteriorate so quickly. He left my brother and me his entire estate (around 100k in savings). He left a will stating this when he was of sound mind and witnessed by 2 solicitors.

My dad remarried when I was 15 to a woman with 3 adults sons. Now two of the sons are claiming a stake in the inheritance even though they are not beneficiaries in the will. Both of them are very wealthy and don’t need the money. The problem is one of the sons is an executor of the will along with my brother and he’s refusing to start probate until he cuts a deal with brother and I.

I don’t know how to go forward with this. My brother is finding it hard to cope after losing his dad who he was much closer to than me. Our stepbrothers are making all sorts of spurious claims like my dad told them that the ‘wider family’ would be accounted for in the will, and my dad had so much money in the bank he must have been hiding money from their mother/my stepmother who died 12 years ago. I know these claims aren’t legally valid but they’re going to make things as difficult as they possibly can for my brother and I. Does anyone know how we can force my stepbrother to start probate? We have told him there are no deals to be made.

OP posts:
AutumnCrow · 03/09/2023 11:16

AchillesLastStand · 03/09/2023 08:34

Yes.

Show quote history

Why on earth do testators do stuff like this?

Anyway, OP, you haven't really got a legal problem as such. More of a getting your brother to find his backbone problem, and the words 'G.F.Y.'

MissLucyEyelesbarrow · 03/09/2023 11:16

The problem is one of the sons is an executor of the will along with my brother and he’s refusing to start probate until he cuts a deal with brother and I.

Try to get him to say this in writing. Any written form will do - including WA/texts etc. Failing that, it is legal to record a conversation without someone's knowledge. If he is explicit about this, it is an absolute gift to you - evidence that he is acting unlawfully.

MissLucyEyelesbarrow · 03/09/2023 11:18

SheilaFentiman · 03/09/2023 09:21

This is in the op’s original post, so yes.

”). He left a will stating this when he was of sound mind and witnessed by 2 solicitors.”

Show quote history

There is always a presumption in favour of capacity. Proving retrospectively that someone lacked capacity at a given time is usually an uphill battle.

Needapadlockonmyfridge · 03/09/2023 11:19

I am sorry for your loss.

Find a solicitor who deals with contentious probate.

SheerLucks · 03/09/2023 11:25

*Be very clear with your brother that he is to stop discussing this with your step brother, and make no deals and hand over no money, especially not your share.

Their mother is dead. They’ve had their inheritance. This is nothing to do with them. Tell your brother to do nothing and go to a solicitor. Don’t back down and don’t let your brother hand over what your dad has left to the two of you.*

This!!

AmandaHoldensLips · 03/09/2023 11:29

I had my brother removed as executor because he was being difficult and useless. It's a simple legal process to have an executor removed and should be even more so as the step-brother is not a beneficiary.

prh47bridge · 03/09/2023 12:47

You need to consult a lawyer who specialises in contested probate. The stepbrother who is refusing to start probate needs to be removed as an executor if he is unwilling to carry out his duties as required by law.

Original poster
AchillesLastStand · 03/09/2023 14:09

Thanks everyone for their input. My brother and his wife have been finding this really difficult and have been cowered by my stepbrothers and their words. I have a managed to talk my brother around and made it very clear that neither of the stepbrothers have a case and they won’t be getting any money.

Yes, it’s time to find a good probate solicitor and get a letter issued.

OP posts:
AnSolas · 03/09/2023 17:06

Unless you or DB need the money there is no need to rush. The passage of time proved the stepbrother in not carrying out his duties.

The bank will process funeral expenses directly once they are given a invoice.

If the bank want to close down your dads bank accounts and move the money to a trust/executor account you brother needs explain the situation and ask the bank to freeze the money for the time being.
If they insist in closing his accounts make sure that any transfers need both him and stepbrother to jointly sign. This is to prevent a one signature transfer by step brother.

Sorry for your loss🌻

marniemae · 03/09/2023 17:19

Your step mothers sons should have got 100 percent of her house as inheritance not 75% though. As you and your brother got 25% of the house that wasn't your dads, You received 12.5 percent of the inheritance from your step mother but your step brothers have received nothing from your dads estate.

SpacePotato · 03/09/2023 17:37

Your step mothers sons should have got 100 percent of her house as inheritance not 75% though. As you and your brother got 25% of the house that wasn't your dads, You received 12.5 percent of the inheritance from your step mother but your step brothers have received nothing from your dads estate

This is not op's problem. Their own mother dictated how her own estate was to be split.

I just don't understand why on earth your father chose a stepson as executor and not you. Madness.

Thewizardbinbag · 03/09/2023 17:47

marniemae · 03/09/2023 17:19

Your step mothers sons should have got 100 percent of her house as inheritance not 75% though. As you and your brother got 25% of the house that wasn't your dads, You received 12.5 percent of the inheritance from your step mother but your step brothers have received nothing from your dads estate.

You don’t know what her dad put into the house, improvements, mortgage payments or whatever.
Their mother obviously decided that he had earned/deserved 25%. That was entirely her choice and something her kids should have discussed with her when she wrote her will if they were unhappy.
Her kids would have got 100% of her money and everything else though. So the OP and her brother get 100% of their dad’s money.

SheilaFentiman · 03/09/2023 18:42

marniemae · 03/09/2023 17:19

Your step mothers sons should have got 100 percent of her house as inheritance not 75% though. As you and your brother got 25% of the house that wasn't your dads, You received 12.5 percent of the inheritance from your step mother but your step brothers have received nothing from your dads estate.

Given how they are behaving now, maybe she wanted to be sure her husband would have a right to stay on after her death that wasn’t just a life interest. And maybe she wanted to ensure her husband had a
portion of an asset to put towards care costs. Because she loved him.

I am sure OP would rather her dad was alive and in a care home, using the money, rather than having an illness so serious it was funded by the NHS.

Sorry for your loss, Op.

prh47bridge · 03/09/2023 19:01

marniemae · 03/09/2023 17:19

Your step mothers sons should have got 100 percent of her house as inheritance not 75% though. As you and your brother got 25% of the house that wasn't your dads, You received 12.5 percent of the inheritance from your step mother but your step brothers have received nothing from your dads estate.

There is no "should have" about it. She chose to leave 25% of it to OP's dad. It was then his to do with as he wanted. There was no obligation, legal or moral, for any of it to go to her sons.

givemeasunnyday · 03/09/2023 20:50

marniemae · 03/09/2023 17:19

Your step mothers sons should have got 100 percent of her house as inheritance not 75% though. As you and your brother got 25% of the house that wasn't your dads, You received 12.5 percent of the inheritance from your step mother but your step brothers have received nothing from your dads estate.

You really don't understand how Wills work do you? People can leave their money/possessions to whoever they want to - they could leave everything to their neighbour and cut out their whole family if they decide to.

There is no "should" or "should not" about it - your money is yours and you are entitled to leave it to anyone at all after you die. It doesn't automatically become your family's money. Time and time again we see posts from people who can't seem to grasp this.

marniemae · 03/09/2023 22:43

I understand how wills work and the OP won't have to give her step brothers anything I just put that comment as people were saying they don't understand why the step brothers are doing what they are doing. I was just putting a point of view across as to why they might be doing it as they might have felt it was unfair. Not that emotions matter in the law but just trying to understand it from their pov. No need to get snipey with the "you really don't understand how wills work do you?"

SheilaFentiman · 03/09/2023 22:46

marniemae · 03/09/2023 22:43

I understand how wills work and the OP won't have to give her step brothers anything I just put that comment as people were saying they don't understand why the step brothers are doing what they are doing. I was just putting a point of view across as to why they might be doing it as they might have felt it was unfair. Not that emotions matter in the law but just trying to understand it from their pov. No need to get snipey with the "you really don't understand how wills work do you?"

Your post was not framed as “I can see why the stepbrothers think..” but as “they should”

Hopingforagreatescape · 03/09/2023 23:05

Their mother died 12 years ago. The OP's dad has had 12 years in which to build up savings which he has then left to his own children in his will. These 12 years have nothing whatsoever to do with the stepsons.

Get this chancer removed as executor and never allow him to darken your door again!

givemeasunnyday · 04/09/2023 02:42

marniemae · 03/09/2023 22:43

I understand how wills work and the OP won't have to give her step brothers anything I just put that comment as people were saying they don't understand why the step brothers are doing what they are doing. I was just putting a point of view across as to why they might be doing it as they might have felt it was unfair. Not that emotions matter in the law but just trying to understand it from their pov. No need to get snipey with the "you really don't understand how wills work do you?"

The whole point is not whether they believe they are missing out, or why they are doing it at all, they have no right to do it and they won't get anywhere. Maybe that is why people don't understand why they are doing it - because it is a totally pointless exercise. And yes, your post, as a pp observed, was framed as "they should", rather than "this is why". So, no need to get snipey with me either, you are simply backtracking on your original post.

RadFs · 04/09/2024 10:48

AchillesLastStand · 03/09/2023 07:26

My dad died in June this year after a short battle with Alzheimer’s. It was very hard and emotionally draining to watch him deteriorate so quickly. He left my brother and me his entire estate (around 100k in savings). He left a will stating this when he was of sound mind and witnessed by 2 solicitors.

My dad remarried when I was 15 to a woman with 3 adults sons. Now two of the sons are claiming a stake in the inheritance even though they are not beneficiaries in the will. Both of them are very wealthy and don’t need the money. The problem is one of the sons is an executor of the will along with my brother and he’s refusing to start probate until he cuts a deal with brother and I.

I don’t know how to go forward with this. My brother is finding it hard to cope after losing his dad who he was much closer to than me. Our stepbrothers are making all sorts of spurious claims like my dad told them that the ‘wider family’ would be accounted for in the will, and my dad had so much money in the bank he must have been hiding money from their mother/my stepmother who died 12 years ago. I know these claims aren’t legally valid but they’re going to make things as difficult as they possibly can for my brother and I. Does anyone know how we can force my stepbrother to start probate? We have told him there are no deals to be made.

Hi @AchillesLastStand did you get this sorted? I hope your sb chancer didn’t get a penny.

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