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Original poster

Sibling will not hand over inheritence

50 replies

Liverpool20 · 26/09/2023 18:22

My parents died without leaving a will. I applied for letters of Administration as I lived with them and was named as the Executor on the only Will my father ever wrote.

My sibling was entrusted with a large sum of money by my Mother some years ago.

He is refusing to return the funds to the estate so that I can distribute it accordingly and in line with Intestacy rules.

He says that he will hand it over once all other belongings have been equally shared out. I am making progress but there is a lot to go through and distribute and it has only been 11 weeks.

My other siblings are already chasing their share of the cash and understand that the belongings will take some time to sort out (I have limited mobility but have now got some help with it)

Is there anything that I can do to force the sibling to hand over the money to the estate? I don't feel as though he ever will at this point. He is even refusing to show any statements of the transactions.

OP posts:

Frenchfancy · 26/09/2023 18:31

If it were me I would be giving them a final warning then contacting a solicitor.

WallaceinAnderland · 26/09/2023 18:35

Did your father die before your mother and therefore his will is invalid now?

Peacendkindness · 26/09/2023 18:37

Final warning for a solicitor with backdated interest and 21 days to pay

Darkbountyismissing · 26/09/2023 18:39

Sorry. You say your parents died intestate but then you say your father wrote a will?

GreyBlackBay · 26/09/2023 18:41

I'm sorry for your loss, it sounds very difficult.

Did your mum die before your dad or at the same time?

It duesnt sound like your brother is denying this money is due but if push comes to shove can you prove it?

Last warming and then solicitors letter (funds can come from the estate).

Or tell the other siblings 'John owes everyone £20k each' if you want to try an informal route.

How much does he owe versus the value of the estate? Is it at all equal to what has been left to him? Do you think he can repay the money?

Treecreature · 26/09/2023 18:49

I'm suspicious so may be jumping to conclusions. But my first thought is he has blown the money and is using delay tactics while he panics.

Freezingcoldinseptember · 26/09/2023 18:51

That money is long gone op..

Pottomous2 · 26/09/2023 18:52

You have to threaten legal action but I agree with pp..that is long gone

EveryKneeShallBow · 26/09/2023 18:53

Yep, you’re never going to get a penny of that back.

PerfectYear321 · 26/09/2023 18:54

I'd like to know what kind of punishments can people that steal others' inheritances receive in the UK. Does anybody know? Because the whole process seems very lax.

WallaceinAnderland · 26/09/2023 19:01

How much was he 'entrusted' with and how much is his share of the rest of the estate. You could maybe let him keep it and deduct from the rest.

Alternatively, if it was within 7 years of your mum passing, you could threaten to tell HMRC and then he'll have to deal with them which will definitely make sure it all comes out into the open.

Autumnunmasks · 26/09/2023 19:05

Mmmm what do you think he's done with the money?

cptartapp · 26/09/2023 19:17

Why did your DM 'entrust' your sibling with a large sum? What was the purpose of doing that?

Original poster

Liverpool20 · 26/09/2023 19:30

Thanks for replies.

Dad died 3 months before Mum which invalidated the will. I believe she thought it would still be valid 😔

The sibling holds around 100k split between 3 of us. I hold aroun half of that amount myself. I think she gave it to him believing that he would do the right thing.

I've actually seen statements very briefly and he says he has borrowed some in the past and put it back 🙄 so I cant actually confirm what the original amount was.

He was great to deal with at the beginning but now that push comes to shove he completely refuses to hand it over.

Is my only option really to have a Solicitors letter sent? I would accept him forwarding each sibling their share individually but he even refuses that.

Regarding all personal belongings, Jewellery etc I am dealing with exactly how the law tells me to. Even though I hold the Letter of Administration I feel that I have no power whatsoever.

OP posts:

Famdram · 26/09/2023 19:39

So if he is supposed to have roughly £100k and you're holding roughly £50k that's already £50k each you 3 are entitled to - is there possibly at least £100k then left somewhere, eg their house, that you could use to even the distribution up (IE, 50k each to you and the other siblings) so that he doesn't actually need to give anything back, you just count it as £100k already paid of whatever his share will be? Then if there's anything over that divide it in 3 again. If that would work with the finances available it makes it easier than trying to get the money back just to hand it out again.

Famdram · 26/09/2023 19:41

Sorry, realised I misread and thought there was only 3 siblings in total including you but the point still stands, just the sums need to change.

GreyBlackBay · 26/09/2023 19:43

So there's about £150k cash, meaning £50k each?

So he needs to repay £50k of what's been given to him.

Without written proof he can just say it was a gift to him from your mum, so I'd suggest tredding quite softly if there's any chance of that.

Fair chance you're not getting it back. Do you have written proof he believes he owes, like texts saying he'll pay when you're done sorting possessions?

redguitar123 · 26/09/2023 19:44

If there's nothing in writing to say that it was a loan, then it was a gift in life and surely falls outside the estate?

Hellocatshome · 26/09/2023 19:46

In what way did you DM entrust it to your DB? In an actual trust or did she just give it to him with instructions it was for all of you. If the later then I'm sorry but I dont think you are getting it back.

PotteringAlonggotkickedoutandhadtoreregister · 26/09/2023 19:51

I think that if she gave it to him when she was alive then it falls outside of the estate. It was a gift. If it was over 7 years ago it doesn’t matter. And, if the total of the estate is less than inheritance tax then there is nothing to pay even if it’s less than 7 years ago.

legally I suspect that money is your brothers.

Original poster

Liverpool20 · 26/09/2023 19:53

Yes I have letters, texts and screenshots of the bank account here it is held with him saying that he will share the money out once the entire estate is distributed in full. We used that account for some costs too like funeral etc. There is no house to sell the estate consists of mainly cash.

OP posts:

DilemmaDelilah · 26/09/2023 19:55

You can't distribute any of the money or sell the house until probate has been granted, so your siblings will have to wait until then for their shares anyway.
And if the value of the rest of the estate is sufficient to give you, and your other siblings (not the one holding the money) their shares then just miss that sibling out when distributing the funds. However, don't forget that there may be inheritance tax due, which has to be paid before anything else, and the money that you and your sibling are holding will need to be included when calculating how much tax needs to be paid, if it was given to you to hold less than 7 years ago.

GreyBlackBay · 26/09/2023 19:55

Well that is slightly more hopeful. At least it still exists.

You probably would still struggle to force him to hand it over legally, just got to keep the pressure on.

Runnerduck34 · 26/09/2023 19:58

You need legal advice but if hes been given the money before parents death can you prove it wasnt a gift? It sounds like shaky ground.
If you divided the rest of the estate up between you and remaining siblings would it equal out?
I think your sibling is being controlling and it sounds a stressful situation but I think you need to get all siblings together to discuss and reach an agreeement and if needed talk to a solicitor

Hellocatshome · 26/09/2023 20:00

Liverpool20 · 26/09/2023 19:53

Depending on the arrangements when the money was given to him you might find that no matter what texts etc you have saying he will share it he doesnt llegally have to. What was the purpose of your DM giving him the money? Did she do it within the 7 years before she passed away?

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