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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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To follow up on the above question

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To follow up on the above question. My brother has possession of the will and is the executor. He is a signature on her bank account. Her assets are money in the bank. I know I am in the will. What is the law regarding her will, if my brother decides to bury it what are my options.? How long does it normally take for a will to be executed ? She died in hospital in South Devon at the age of 97. Thanks, ***** *****

Submitted: 2 years ago.
Category: 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.
When did your mother die and what was the extent of her assets?
Clare
Customer: replied 2 years ago.

My mother died about 3 weeks ago and her total asset was money in the bank.

Expert:  Clare replied 2 years ago.
Hi
In general terms an Executor has a year in wish to deal with the administration of a Will.
It does not have to be completed in that time - but if it is not then the beneficiaries may be entitled to interest on any bequests
If there is no Will then you and your brother (and any other siblings) share her estate equally - so it is reasonable to ask him what the position is.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare,

My brother is in possession of my mother`s will. Is there any oversight by the legal system? He is a signature on her bank account so the bank account could be decimated. Is her will in the public domain? If monies are taken out of the bank account after her death is that admissible? How can I protect my interests?

Thanks,

John

Expert:  Clare replied 2 years ago.
Hi
The Will is not in the public domain until Probate is granted
As Executor your brother is under a duty to act properly and failure to do so would amount to fraud.
Your only option is to ask him regularly for an update on the position and threaten legal action if there is no movement
Clare
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