How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Harris Your Own Question
Harris, Law Specialist
Category: Law
Satisfied Customers: 2726
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
Type Your Law Question Here...
Harris is online now

If my brother is the Executor to the Will can he exclude me

Customer Question

If my brother is the Executor to the Will can he exclude me from the Will and prevent me or amend the Will in order to prevent me getting my share of the assets...with me having being mentioned in the Will and also...if there is misconduct between the parties.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. The executor has no rights to amend the will or exclude any beneficiaries.

If the executor's actions amount to misconduct, you can apply to the courts to remove them and substitute the executor with someone else. You will need to submit a Part 8 Claim and include the following:

  1. A certified sealed copy of the Grant of Probate
  2. A Witness Statement outlining why the executor should be removed, along with details of the deceased’s assets and liabilities, names of the beneficiaries and the proposed name of the substitute executor.
  3. The proposed executor’s signed consent to act.
  4. A Witness Statement of the proposed executor’s fitness to do the role.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Related Law Questions