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.

The will states ‘my estate should be shared equally between my two children’. However, the will has a codicil which states that should the ‘said children or stepchildren’ in the original will not survive then the estate should go to their children, ie the grandchildren.

This is a bit ambiguous (if this is the exact wording of his Will.)

It suggests that if neither his children nor step children survive, [and only then] the estate would be shared between grandchildren.

If his children are alive, the step children don't inherit anything [only their children - his grandchildren- would inherit if his own children and his step children predeceased them.]

IF he had wanted his estate to be shared between his own children and his step children , then the entire Will should have been rewritten.

So he's happy for some of his step grandchildren to be beneficiaries, but only if the OP, her brother and their step brothers die before inheriting.

A legal letter or two is not going to cost £29K

Honestly, some people here have no idea.

Solicitors charge by the hour. The first step is not going to a civil court. It's one or two letters by a solicitor and hopefully that should work.

It might cost £500 or a bit more, depending who OP uses.

OP, you say the will was executed in 1993, What year was the codicil made?

Also what year did he meet your SM, when did she die and what year was her will made?

I'm really worried this will happen I reverse to us. My dad has married someone with adult children. If he goes first his wife will have everything and then likely her kids not us.

Regardless of the complexity of this issue - if you feel that you have a legitimate claim within your fathers estate and you feel it is not being dealt with properly by the executors then you can bring a claim under the inheritance act and also challenge the will and the role of the executor i think any claim has to be bought within 6 months.

Have you replied to your brother yet? Did he say he was definitely going to split the money or that he was thinking of it.

@AchillesLastStand at what point did your dad instate his stepson as an executor? Was the Will updated then?

You sound grabby, saying your dad and now your brother have ‘shafted’ you out of money.

Why didn’t your dad have you as an executor?

To a bystander it seems fair. You & your brother inherited a minority share from the sale of your stepmothers house and now your stepbrothers will inherit a minority share of your dad’s estate.

The codicil was written in 2007. I met my stepmother in 1991. She died in 2010. Her original will was made the same time as my dad’s, so 1993.

Why should I make a claim?! I’m a beneficiary in the original will. It’s my stepbrothers who should be making a claim but don’t want to because they know they have no grounds. Instead they’re trying to extort the estate using their position as executor. I’m not one in the wrong here, am I?

He can write his will so that that can't happen. If he wants.

Think you're confusing stepbrothers and halfbrothers.

He’s said in his message to all of us, he’s wants to split the money.

i have suggested that we split it like my stepmother’s house was spilt. So I contribute 25% of my stepbrother’s offered share, and he contributes 75% of that share since he got a much bigger share of the house. That’s the only deal I’m willing to sign up to.

You have no idea what my stepbrothers are like. They wanted a 75% share of my dad’s estate and were happy to see me with nothing. And they’re already incredibly wealthy. I’m a disabled SAHM. My dad gave me nothing when I was alive and now I’m expected to roll over and be grateful I’ve been thrown some scraps. I’m sorry if that makes me sound grabby. I have think of my family’s future and what this money would mean for us. And is it okay for people in positions of power, executors, to act like and this and bypass the law completely for their own financial gain?

It’s not the OP who needs to fight this as such from a legal pov. It’s the stepbrothers if they want to challenge the will. But I agree a letter from a solicitor to the executors reminding them they legally can’t alter the will is a good idea.

The independent solicitors that verified, how much did they charge? Is it worth going back to them and getting some more advice- at least they have the background and can give you some indications as to what routes to take, what litigation might cost etc?

Good luck. I hope this won't destroy what's left of the relationship with your brother. I get the principle, but it's still very hard.

No, that's not right.

The two executors are agreed in administering the will- based on a codicil that may or may not be vaguely worded. It is up to the OP to challenge the 'cut and paste' wording that potentially introduces the stepbrother as beneficiaries.

Why do you think your brother has agreed to a deal that won’t benefit him financially either? Why do you think your dad appointed your step-brother as an executor?

Inheritance (which is not a birth right) can be a very ugly business.

Just stand your ground, you don't agree to any changes. You want your dads will to be executed as it's written. If the executors fail to do this you will speak to a solicitor.

Money truly brings out the worst in people. It is when you are about to lose the most precious of gifts …your life, that you realise it wasn’t worth fighting over. Have you thought of the stress this must be causing your brother? It sounds like he’s had enough and doesn’t want to deal with it anymore. If you aren’t communicating how do you know what he is thinking ? Get a solicitor involved to do the work for you regardless of cost, if it really matters that much. Or cut your losses with what you have and be grateful you were left anything and spend it on making the world better than what you found it.

my brother waves the white flag of defeat and offers them 25% of our inheritance without even asking me

Though no expert in these matters I don't understand how your brother can sign away your share of the inheritance ... his own, yes, if that's what he wants to do, but surely not yours too?

Legally he can't, but in reality who is going to stop him?

OP as all the PP have said, get a solicitor. Normally you can have a quick call free of charge when you explain the situation. They will then consider and provide an estimate of costs for the various things they think are possible eg writing letters or whatever. They will charge this on an hourly fee so you can set a limit and say not more than £xx so you can limit expense.

I suspect a letter from a solicitor saying you expect the executors to execute the will.per the will and otherwise you will take matters further will be very helpful to focus their minds !

I do apologise I read it wrong !! - I see now that it was left equally to your brother and you. Your brother can't do this as an executor he has to act in accordance with the will and distribute the estate accordingly.
You say your step brother was named by your dad as the other executor this seems odd if they didn't get on ?

Yes, and I think I'd also get a written legal opinion on that codicil so everyone knows it has no effect currently.

The whole thing is a stupid situation though. Not least because OP took the father's money when he went into a home when his wife died. That was very odd. Despite the care home not needing to be paid for, it was still his money, so the family has "form" for just doing as they please in these cases!

I have read your other posts that say that the codicil was cut & pasted into the will of your dad's and you have been told by a solicitor that it is not valid does this not invalidate your dad's will ?
If so, then you would have to declare the will invalid and then the rules of intestacy will apply - this means that you and brother would inherit your dad's estate 50/50 and stepchildren would not have a claim ?