My brother has just been shafted out of £29k , I’m really angry.

[AchillesLastStand]

My Dad died in June this year from Alzheimer’s and left a valid will from 1993 leaving his estate of £115k to shared equally between his two children. My brother and stepbrother are down as executors. Since he died my two stepbrothers, the executor one and the other one have been making demands on the estate, as large as 75%. Now tonight, after 5 months of fighting them , my brother waves the white flag of defeat and offers them 25% of our inheritance without even asking me. I’m furious with my brother. He can just give away his sister’s inheritance without at least talking to me first. It’s the lack of communication that hurts the most.

What would you do? I can’t get them both removed as executors because the legal costs are enormous and it has to go to the high court. They have however acted illegally and are guilty of gross misconduct. I’m not sure I can even speak to my brother again after such a betrayal. It isn’t what we agreed.

So he wasn't their biological dad?

You should post this in Legal.

Well the legal fees to contest it probably more so stuck between a rock and a hard place

Had your Dad already inherited from their mum

I think if the will is effectively cutting out your step brothers, and they are his children, then morally they should inherit a share of their father's estate. Why didn't he update his will?

You need legal advice.

I don’t know legal stuff in the UK but I can’t imagine where I live that you wouldn’t have to sign off on something like this.

And why are they demanding 25%? Is it for costs, debts, funeral expenses etc?

If you think you have a legal case then you can fight it and swallow the legal fees (or more likely watch them swallow your inheritance). Or you can try and reach a settlement which it sounds like your brother has done.

I'm pretty sure even executors can't vary the terms of a will without all the beneficiaries agreeing though, so suggest you pay for some legal advice.

He’s not their dad, they didn’t even know him as children. They’ve never lived under the same roof as him. They’re also massively wealthy so no don’t need the money, and were never that close to my dad, hence they weren’t in the will. They aren’t good people and are doing this to hurt my brother and I.

@MakeItRain if they were her dads kids, they’d be 1/2 brothers not step brothers.

I would tell your brother he could give them whatever he wants out of his share, but that you will take legal action if he doesn't administer your share as per your father's will.

What happened to your stepmother's estate?

What happened with their mothers estate

No he wasn’t. They were adults when they became his step sons, and were never that close to him.

Why has your brother offered them 25© given everything you've said?!

Did your df inherit his wife's estate?

Surely it doesnt matter what he has offered them, if YOU dont agree then it cant go ahead?

He can offer them 25% of his share, but he cant speak for your share can he?

As you're dodging questions on it, I'm guessing their issue is related to their mother's estate. What did they get from her? Did it all go to your dad?

Your brother can't speak for your share so the 25% comes out of his share. Is the will definitely valid btw (did your dad marry stepbrother mum prior to 1993?)

You are are not being unreasonable because what they have done is illegal. The only way executors can vary the contents of a will is if all beneficiaries agree. Your brother and step-brother can not do this without your agreement.

However, is what has happened to your step-brothers unfair? Did they benefit and you didn't when their mother died?
Did their mother leave everything to your father?

You know the answers to those questions.

The first thing to do is to tell your brother he can not agree to that. It is illegal without your agreement. He can however, agree to give them part of his own share.

Then, a solicitor will write a letter challenging what they have done and it won't cost you a fortune. In terms of the law- they have broken the law and would be found to have broken the law if it went to court. They would pay their costs and yours. They are on a real loser here so are unlikely to pursue this route.

If they then challenged the will and you won, they would be expected to pay your court costs. If they challenged the will and they won, you would pay your own costs and they'd pay theirs out if whatever they got from the will. You need to think carefully about whether they have been treated fairly or unfairly in the distribution of monies by their mother and your father.

Was the £115k all his? Or originally part of their mothers...?

It is absolutely reasonable if their mother died and left all hers to your dad, that they should see a split when he died.

This op.

one legal letter or £500/1k will do the job.

Why was the step son the executor if they weren't close?

That's what I think. You are entitled to your share. The fact he's given away some of his is nothing to do with your money.

Yea, we shared her house with 75% going to her sons and my brother and me sharing 25% but not equally. I got 25% of 25%, my brother got 75% of 25% because my stepmother hated me.

My step brothers want my dad’s estate to be split along those lines with them getting 75% and giving my brother and I 25% but again with me only getting 1/16.

I’ve answered this above.