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.

I was a beneficiary in a contested will, it was all a mess and horribly upsetting. As far as I know as long as you refuse to sign a deed of variation there's nothing your brother or the executors can do?

Maybe your brother is giving away his share as he got more when stepmom died?
he wouldn’t need your permission to this as you wouldn’t be financially affected by his decision but he’d need to sign a deed of variation to do it properly,
is he worried that your step bro won’t sign any money to finalise the estate unless he agrees to this? If step bro is refusing to close down the executor account and distribute money to you and bro is it possible your bro is feeling that his hands are tied?

no,

there is a codicil that states stepkids are beneficiaries, no deed of variation is required.

Why on earth would you not mention the codicil? You’re wasting your own time posting half truths

If the codicil was properly signed witnesses and otherwise executed it’s binding. Unless there was some form of duress/ pressure and mental limitations with the testator at the time - but hard to prove.

Then this is ridiculous. They cannot possibly have a claim.

ETA Have just seen mention of the codicil. This changes everything.

It sounds like there was a life interest trust in the step-mother’s Will that would end when your dad remarried or became incapable of living in the house. He went into care and the house was sold and split 75/25. Did your step-mother leave her cash to your Dad? What did your father’s will and codicil say would happen to his estate? I take it you are arguing over his savings and investments? This is my field of work.

This.

Sorry missed that rather pertinent detail!

What does the will say?

Executors cant change the will they just administer it.
So basically
whatever is in the will they have to abide by

He has no legal right to give anyone anything unless it’s in the will.

@AchillesLastStand

@rcat74 has posted that is literally their line of work! Perhaps a DM, or posting specifically to that poster, would help you more?

Just a thought….

You already posted this probably about 5 months ago. If I recall you were advised to seek legal advice back then. Did you take that action, because you already predicted this situation was on the cards back then, as your step brothers were executors and your brother was buckling under the emotional pressure they were exerting on him. All you can do is get some advice as to whether your brother's 'offer' to them is legally binding, if it takes away your stated inheritance.

It is best to have lawyers as executors, sure you would have to pay them, but relatives often cannot resist the lure of cash, plus a it causes family problems

I'd tell him that anything they get will be coming out of your brother's share. Not yours. It isn't fair and I would be angry as a parent if my earned money went to someone not even related to me. Although why is a step brother even having anything to do with the will.. bit strange.

Did your Dad marry after the 1993 will? It sounds like that will is no longer recognised?

No that’s not right. The word stepchildren is in codicil in my Dad’s will but isn’t relevant because the codicil is about the beneficiaries not surviving and the money going to the grandchildren instead. The codicil was cut and paste from step mother’s which did mention stepchildren. We’ve had a solicitor verify this.

Op - presumably the executors have been advised that they are obliged to do this and that there is a valid codicil that covers this?

Are you really saying that they have unilaterally decided to do this - to vary the Will of their own accord?

You’ve drip fed important info in this thread to the extent it makes you sound very unconvincing and a little dishonest tbh.

I guess you need to choose whether money is something you want to lose your sibling over.

I’d be VERY interested in his perspective tbh.

No there isn’t. See my post above. We’ve had the will verified by an independent solicitor and they’re entitled to nothing.

Your brother can give away part of HIS share, but not part of your share, without your agreement, AFAIK.

Has your brother actually given them money yet? If not tell him to stop. If he wants to give his step brothers a share of his money he can do so but he can not give away your money which you’re legally entitled to. I’d be telling both executors if you don’t get what the will says you’re entitled to you will be taking legal action against the pair of them.

I wonder whether you have a claim against the solicitors who badly drafted the codicil and therefore muddied the waters. If the step children saw reference to them in there and you and DB had 25% of their mother’s estate (which I’m guessing was larger than your dad’s estate as it involved the family home) then I can see why they would feel entitled here.

You could fight it but perhaps watch the programme Inheritance Wars first 😬

So you and your brother had 25% of your SM’s estate but you don’t think it’s fair that her children have 25% of their SF’s estate?

also slightly double standards that you claim they had no relationship with your father so shouldn’t get anything yet you took your share of your SM’s estate even though she hated you.

I think you have to ask yourself if this is worth the emotional drain it obviously having. Do you want to ruin your relationship with your brother? You’re also fortunate to have had some inheritance - lots of peoples’ is just eaten up in care home fees.

I don't know why anyone would ask for advice on a forum.

@AchillesLastStand You need to make an appt with a solicitor dealing in family law and inheritance. Infirm your brother that is what you are doing and take it from there

Can he do this without your permission? As he is an executor? I’d make it clear you don’t agree. However if you and sibling got 25% of SM’s will I can see why they are asking for 25% of your DF’s will. You said you’ve had legal advice, I’d probably get it looked at again, but if the wording isn’t clear I can see why they are challenging it. Last thing you want is this going down a legal route as there will be no money left