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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33954
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My brother and sister were made executors of my father's

Resolved Question:

Hi My brother and sister were made executors of my father's will in 2005.My father said that my brother could live in my father's house,but if he sold it and bought somewhere for less money then the money must be shared between the three of us.
My brother subsequently bought several new houses over the next 9years and made no attempt to contact me during this time.An uncle of mine wrote to me and informed me that my brother was living in a large house which was not my father's original house.I subsequently investigated and found that he had bought and sold several houses and also owned a car business. He had NO money in the bank before my father died.We each got £6,000 from the estate.My brother had bought houses at a price less than he sold the previous one for.
Needless to say we all had a big falling out when I found out about the will.I said that he should sell the house and split the proceeds between the 3 of us, which would have given him enough money to buy a flat at the time. He refused and my sister would not do anything about it as she has plenty of money and didn't really want to get involved.
I contacted a solicitor who sent a letter stating that we knew what he had done and he kept stalling and then sold the house and divorced his wife. Letters went back and forth and we got no where, my husband and I were just spending money we did not have.So we stopped.
My brother said he would do something to pay us both back, but that he had no money!
He has a flat in Stoke Poges now.He has always been very devious and I am sure he has hidden money some where .If I mention anything to him he claims he will file for bankruptcy.My sister says she does not want to see him go bankrupt and so will not act.(she has a lot if money as she is married to ***** *****r the show jumper andEllen Whitaker is her daughter. I know there farm at Silkstone is worth just under a million pounds alone.
My husband says that perhaps we could take both my brother and sister to court for negligence and not managing and disputing the proceeds of the will correctly.
What do you think please.
Kind regards
Jane Wise
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
Do you have a full copy of the Will?
Clare
Customer: replied 1 year ago.
Yes I do somewhere.
The last solicitors we used closed and they kept our file.I have to ask to hsve it back .I also think I have a copy in a file in the loft!
Expert:  Clare replied 1 year ago.
Hi
Can you give me the exact wording of the gift?
Clare
Customer: replied 1 year ago.
I have found the will.It says My trustees shall allow the beneficiary)my brother) to reside in the house and to have use of the contents so long as the Beneficiary may wish and shall not exercise the trust for sale except with the Beneficiary's written consent)but without prejudice to the provisions of f below.
D) As often as the Beneficiary in writing so requests my Trustees shall sell the Dwelling currently held by them under this clause and with the net proceeds of sale acquire any other Dwelling reasonably designated by the
Beneficiary of which the total acquisition cost does not exceed
Expert:  Clare replied 1 year ago.
So how did your brother manage to sell the property without your sister knowing?Clare
Customer: replied 1 year ago.
He just went ahead with it.He just does things like that and she will not stand up to him.she said she did not want to be a Trustee,but I believe she did not fill out sny forms saying this.
The will goes on to say in lay mans terms if any gain of money is made at any house sale it goes immediately as accretion to my father's residuary estate
Expert:  Clare replied 1 year ago.
Hi
What does the end of the paragraph say?
Clare
Customer: replied 1 year ago.
E) The Beneficiary shall at all times pay all outgoings in respect of any dwelling currently held under this clause)and observe and perform all covenants and conditions contained in any lease under which it may be held)and keep it in good repair and shall keep it and the contents insured comprehensively and to their full reinstatement value with insurers approved by my Trustees and in the joint names of the Beneficiary and them
F) IF AT ANY time the Beneficiary ceases to reside in the Dwelling currently held under this clause ( otherwise than through temporary absence or for the purpose of making an exchange provided for in(d) above or gives written consent (otherwise than for that purpose) or becomes permanently incapable of residing there or dies or fails for a period which my Trustees in their discretion consider unreasonable to perform any of the obligations mentioned in (e) above then the Beneficisry's rights under this clause shall end and my Trustees shall treat any property held under it as an an immediate accretion to my residuary estate PROVIDED that any dwelling which at the date of my death I have contracted to buy (or otherwise dispose of ) shall not fall within the definition of my House but any dwelling which at that date I hsve contracted to buy (or otherwise acquire) shall do so if no other dwelling does so and I have intended it to be my principal residence ( it's purchase being completed at the cost of my residuary estate)
Expert:  Clare replied 1 year ago.
HI
For clarity does your brother own more than one property?
Clare
Customer: replied 1 year ago.
Not as far as I know, but he does not communicate with me at all.If I try to contact him he gets nasty and tells me to leave him alone as his life is very difficult!!
Expert:  Clare replied 1 year ago.
Hi
Do you have a list of the properties he has lived in?
Clare
Customer: replied 1 year ago.
Yes
Expert:  Clare replied 1 year ago.
Hi
Do you have all the sale and purchase prices?
Clare
Customer: replied 1 year ago.
Yes we do.
Expert:  Clare replied 1 year ago.
Hi
How much capital has been released in total?
Clare
Customer: replied 1 year ago.
I do not have the exact figures to hand but as far as I remember my brother owed my sister and I £106,000each in 2008.
Expert:  Clare replied 1 year ago.
Hi
In that case yes you can take action against both your siblings since they have failed to administer the terms of the Will correctly and as such you have lost out - and they are BOTH personally liable to you for that loss.
You will need to show exactly how much was released form each property to identify your claim
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33954
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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