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Original poster

Has my brother taken my share of inheritance

34 replies

luckylady22 · 21/08/2021 22:52

So my DF passed away a few months ago and both my DB and I were power of attorney but only he was registered with DF bank and I have never had any access to bank accounts or really interfered in his financial affairs but now I'm concerned that money has been in a bank account that I've not been told about as there was only 1 bank account with pension etc going into and d/ds coming out of but no savings accounts and my DF was always very shrewd with his money and had been the beneficiary of his DB estate which included land about 15 years ago so I'm sure he would have had quite a bit put away and also he had shares but don't know what has happened to them ? I don't want to come across as money grabbing but when I try and talk to my DB about it he is very vague with me
He has also recently been spending a lot more money than normal and I've just got a horrible feeling he has taken money from an account that I've not known anything about and wonder if anyone knows how I can find out if there were other accounts ?
There was a will and everything was left to both me and DB

OP posts:
ANameChangeAgain · 21/08/2021 22:56

From his change in spending your gut is probably right. I think you'll need a solicitor.

Soontobe60 · 21/08/2021 23:04

There’s some advice here about tracing lost bank accounts.
www.ageuk.org.uk/information-advice/money-legal/debt-savings/how-to-trace-lost-money/

Who was the executor of the will?

Dashel · 21/08/2021 23:05

I think I would ask your brother to meet up and tell him we need to get this sorted. Can you bring all the paperwork and be very pushy.

If he still refuses I would point out that you are also an executor and an equal beneficiary and you are worried as to exactly what is going on. You both have a legal duty to discharge the estate and if he still won’t do it then see a solicitor but it will no doubt wreck your relationship with DB.

He may have prematurely spent some of his inheritance and be avoiding telling you, hopefully not your part though.

BluebellsGreenbells · 21/08/2021 23:06

Have you seen the will? I think it’s illegal to deviate from their wishes.

Dig deeper.

buckeejit · 21/08/2021 23:07

Trust your gut & get a solicitor for initial advice, preferably aiming for an amicable resolution even though your brother's seemingly a prick.

Voicefancier · 21/08/2021 23:11

If you have joint power of attorney for his financial affairs, you should be able to go to the bank with a copy of your PoA and ask to see bank statements from the account. I don't think they would need to notify your brother so he should never need know. I assume everything is frozen while the executor is sorting out the will. Alternatively you can speak to the executor who will have information about the account.

Anyusernameleft · 21/08/2021 23:14

Who is the Executor? Ask to see the Administration/Probate account which should list all the assets of the estate & how they were distributed.

TiddyTidTwo · 21/08/2021 23:20

You need to know who the executors are and see the Will.

Original poster
luckylady22 · 21/08/2021 23:28

So I have seen the will and we were both executors but according to him there is only this 1 bank account but I'm surprised with the amount of money in it as I say my DF was a shrewd man and I can't believe that this is all he had
I really don't want to fight over money but I feel that he had not been honest and my gut is telling me that this is not right
So the only way to deal with this is by going to a solicitor then ?

OP posts:
llmk · 21/08/2021 23:30

If you have joint power of attorney for his financial affairs, you should be able to go to the bank with a copy of your PoA and ask to see bank statements from the account.

The POA ends upon death. This would not be possible.

TiddyTidTwo · 21/08/2021 23:58

Has probate been applied for?

PigletJohn · 22/08/2021 00:22

If you are both named as Executors then (uness you have agreed not to act) you should be acting together.

If you are not sure of the position, have a look on
www.gov.uk/search-will-probate

They seem to be rather slow at the moment, but you can pay £1.50 and ask to be notified if and when a grant is made.

"The records of grants issued will be updated and will appear on the site approximately 14 days after the grant has issued. For finding a will after a death but before probate see www.gov.uk/find-persons-will finding a person’s will"

PigletJohn · 22/08/2021 00:26

sorry, £3 for a standing search.

"Search for a probate record by post

Download and fill in form PA1S
www.gov.uk/government/publications/find-a-will-or-probate-document-form-pa1s
to search for a probate record by post. Send it to the address on the form.

It costs £1.50 for a search by post. This includes a copy of the probate record and will (if there is one).

You should get a response within 4 weeks"

"If the person died in the last 6 months

Probate may not have been granted yet. You can use form PA1S to ask to be sent a copy of a probate if it’s granted in the next 6 months. This is called a ‘standing search’. It costs £3.

You can extend the standing search after 6 months."

MintMatchmaker · 22/08/2021 00:26

Did you act as an executor?

buckeejit · 22/08/2021 00:29

I just have to say that I'm amazed by @PigletJohn knowledge. Sorry I had you confined to building/electric/plumbing! Smile

Voicefancier · 22/08/2021 00:42

From doing my dad's estate, we filled in forms to do a financial asset search. It wasn't difficult. That picked up all bank accounts, stocks and shares etc.
Do you know where this supposed account is? Or is it just a feeling there should be more and your brother's being shifty?
If your dad inherited money from his brother and he only has one account, you should be able to find the transaction. If it's not there, then I would be searching for where that inheritance went.

PigletJohn · 22/08/2021 01:01

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there is no end.

PigletJohn · 22/08/2021 01:02

@buckeejit obvs.

maras2 · 22/08/2021 01:10

Lost your way pigletjohn? Grin

NoSquirrels · 22/08/2021 09:32

If you are an executor of the will you must be clear on what your brother is

Can’t you say to him - ‘surely that’s not right, brother, because DF had shared and the inheritance from Uncle X. What happened to all that- did Dad spend it? I’m sure he couldn’t have.’

As PPs have mentioned, you can run a search for missing financial assets. You can do that independently of your brother if needs be - but at the very least check he’s done it.

You’ll need a solicitor if your brother isn’t doing things correctly. But first just start by insisting he show you the paperwork and progress on probate.

Original poster
luckylady22 · 22/08/2021 13:55

Thank you all for posting the problem is I've not dealt with these matters before and was unsure of what would need to be done ?
The family home is in both our names and we have not done anything about it yet
The 1 bank account has been closed and the money split already
What else should we do
I have tried to talk to him but he just says he doesn't know what else there is but there is no paperwork anywhere and I'm sure there would be something as DF kept everything, found letters and bills from 1990's

OP posts:
NoSquirrels · 22/08/2021 14:27

The 1 bank account has been closed and the money split already

Has probate been granted? You shouldn’t have split/distributed any money if you haven’t got probate.

To get probate your brother would have filled in lots of forms etc.

What else should we do
I have tried to talk to him but he just says he doesn't know what else there is but there is no paperwork anywhere

Why can’t you go check for paperwork? Get your brother to walk you through ALL the forms and things he’s filled in, step by step. If your name is down as an executor you are as much responsible in the eyes of the law for making sure everything is done properly as your brother is. You need to understand everything to do with the estate.

Do you generally have a good relationship with him?

NoSquirrels · 22/08/2021 14:30

Here’s a good guide to help you understand what steps you need/the probate process:

www.moneysavingexpert.com/family/guide-to-probate/

PensionsYes · 22/08/2021 15:50

That’s worrying OP. I’d find out a much as you can from the bank.

Are you certain your brother hasn’t released equity from the house?

I guess this is why parents need to talk to both their children about their accounts / investments and make it very clear, but that’s no use to you now.

It must be very uncomfortable noticing that he’s spending more recently, and to keep wondering.

Original poster
luckylady22 · 22/08/2021 22:12

We are in Scotland so no probate it's confirmation here
I think I need to speak to a solicitor as don't think I'm going to get anywhere with DB as it just keeps getting shut down

OP posts:
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