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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34282
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am the sole executor of my mother's will. She has divided

Resolved Question:

I am the sole executor of my mother's will. She has divided her bequest between my brother and me. He has already persuaded her not to leave my children (he is childless) anything so she is changing her will to write them out. I am now very concerned that my brother is going to be very awkward over the contents of her house. They are not particularly valuable - no special antiques or paintings, smart car etc. However he argued his way through £20k of solicitor's fees quibbling over my recently deceased aunt's personal effects which had a total value of £4k. In that case he was one of the executors. Can he as a benefactor insist that I get my mum's effects valued so that anything I want, as her other benefactor, has to be bought out of the estate?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What has your mother said should happen to the contents?
Clare
Customer: replied 2 years ago.
All she has said is that my brother wants the Windsor chair and a painting. This is what he has told her. After that I think she assumes we will split the contents amicably. I suspect that when the time comes he will want everything valued. That is his pattern of behaviour so far. I have put this to my mum but she is in denial.
Expert:  Clare replied 2 years ago.
Hi
Have you asked her to leave the contents - apart from those items to you - with your promise that you will share them with him.
You could gently point out that you will not wish the kind of problems that your brother himself has had.
If the gift is to share the contents equally between you then technically you would only have to balance the values - he could not force a sale
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Thanks I'll see if she is receptive. Just too clarify, so I can let her know, if she does not do this can my brother potentially force a sale? And am I powerless to stop him, even though I'm the executor? And would the costs be borne by him or the estate?
Expert:  Clare replied 2 years ago.
Hi
Technically as the Executor it is for you to decide how they are divided fairly between you
However if he challenged you in Court then it may well be that the court will Order the sale of the items - and the costs of trying to defend any application would be a cost of the estate
Clare
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