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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25471
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My mother died last nov 30 2014 my brother is the executor

Customer Question

my mother died last nov 30 2014 my brother is the executor my mother always said she was leaving me £2000 aswell as my brother having the same she did not own a house my brother is not giving me a copy of the will or any of her belongings what can I do about this?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience May I ask if your brother has applied for probate please?Do you know roughly how much your mothers estate is likely to be worth?
Customer: replied 2 years ago.

Hi probate was not applied for they told me this when I wrote to them for a copy of the will.She did not own her home so she only had insurance and money in her bank which with interest over lots of years would be more for my brother mine less she loaned me mine when I moved into this house and after 3 weeks I gave her it back so I know up until then she still had me in the will,her last years she was very confused so I do not know if my brother has got her to change her will.

Expert:  Joshua replied 2 years ago.
Thank you. As you rightly say if there is no application for grant of probate, then a copy of the will cannot be obtained from the probate registry. for estates that are worth less than usually between £15,000 and £25,000 (different banks have different limits they will accept without probate hence the range), probate is not required if there is no property to sell normally. In these circumstances, you can ask your brother to provide a copy of the will to prove he is the executor of the estate and if he refuses to prove one, you can subpoena him to appear before the court with a copy of the will within 8 days. If your brother ignores this then you can serve a citation which requires your brother to either accept or refuse to take a grant of probate and if he ignores that then you can apply to administer the estate instead. You will need to appoint a solicitor to assist you with serving a subpoena as this is not a straightforward document to prepare - there is no form to fill in. If funds do not allow for the appointment of a solicitor, I can provide you with a form of subpoena you can use to make the application for a separate fee as it takes some time to draft. Hopefully however your brother will agree to provide a copy of the will voluntarily once you explain that you will subpoena him if he does not do so which would avoid the requirement to make the application. Once you have the will, you can see what you are entitled to and if it is not forthcoming within 12 months of the date of your mother's passing, you can issue a claim in the County Court against your brother to recover the property due to. Alternatively, if your brother refuses to provide a copy of the will and does not respond to the subpoena, as above, you can apply to administer the estate yourself and will therefore be able to recover property directly as the estate administrator I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

could you tell me how much it will cost me to subpoena him?

Expert:  Joshua replied 2 years ago.
I believe the fee is £60 though it would be worth double checking this with the probate registry as there were a round of amendments a few months ago. You can find contact email and telephone number on the following page:https://courttribunalfinder.service.gov.uk/courts/london-probate-department
Customer: replied 2 years ago.

Thanks Joshua I would like you to prepare the subpoena for me?

Expert:  Joshua replied 2 years ago.
Certainly. I would be very pleased to do so. I am able to prepare a subpoena for you for a cost of £70 if that is acceptable and provide you with instructions on how to file it. Please let me know if you would like to proceed.
Customer: replied 2 years ago.

Yes thankyou I would like to proceed with the subpoena why should my brother have every thing my mother owned for him self she was my mother aswell

Expert:  Joshua replied 2 years ago.
Many thanks for the above. I would be delighted to prepare a draft you can use. I will create something called an "additional services offer". Please note that although I am based in England, the site is US owned and so I must denominate in US dollars so the balance may not be exactly £70 depending on currency exchange rates. The offer should appear in a few moments. Once accepted we will exchange email contact information so you can provide me with the information I need confidentially to prepare the document. I look forward to hearing from you.
Expert:  Joshua replied 2 years ago.
It appears that you have declined the additional services offer. Was this intended or would you like me to resubmit?
Customer: replied 2 years ago.

please resubmit sorry

Expert:  Joshua replied 2 years ago.
No problem. I will send again. if you have any difficulties I can ask customer services to assist.
Expert:  Joshua replied 2 years ago.
many thanks. Email contact details should be visible-if they are not, you may need to refresh the page. If you could kindly drop me an email, I will reply requesting the information I need. I look forward to hearing from you.