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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2783
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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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.