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.Thank you question. My name is ***** ***** I will try to help with this.Has the brother done anything incorrect in administering the estate?
Does the will say that you must act jointly?
Well it's a moot point! He is the only executive director of my father's property company and this company was in the process of developing a medieval building in the Weald of Kent. This company is also part of my parent's estate and it is debatable whether my brother since my mother died has held in mutual harmony his roles as director of the company and executor of the estate. By this I mean he is trying to execute a classic property deal and strip out land at no cost which would result in his receiving significantly more value from my parent's wills than the three of us.
We three expect to receive about £500K after tax while his proportion would be closer to £1.2m on this arrangement. He says he has saved us collectively about £700k in tax, which is true, and he deserves reward , and also "expertise" with the company.
I know it's difficult and arguably there is a moral case, but at the moment we are only interested in the legal position.
Does that make sense?
The will does say .........
Any of the trustees may exercise or concur in exercising and powers and discretions given by this will or by law notwithstanding that he has a direct or other personal interest in the mode or result of any such exercise but any such trustee may abstain from acting except as a merely formal party in any matter in which he may be so personally interested and may allow his co-trustees or co-trustee to act alone in relation thereto
Jo - it needs to be said as I am not too sure how this site operates, we are talking about UK law not US law!
This is UK law.
The US area is different.
I need to know what the will says about the appointment of the executors rather than their powers and duties
I am attaching my mothers will as images so you can find the info you require.
Sorry Jo - there might be some duplication there! I thought I had removed the earlier scans, but clearly not. There should be only four pages plus the grant of probate.
That tells me what I need to know. It says that power is reserved to another executor which is presumably you. He has felt the application and said that either you are unwilling or unable to act and that’s why power has been reserved to someone else which means that you could always get involved later if you so wished, however what he said is that the date of the application probate, you didn’t want to be involved.
There are 2 potential issues here first one is that the application was defective and secondly as to whether the distribution has been done in accordance with the will.
If you think that he is doing something that he shouldn’t have done or is not doing something that he should have done, then you need to make an application to court to remove him.
If there is no allegation of that then even though he has fraudulent application there is probably nothing to be achieved by progressing that
Thank you. I just need some further clarification .....
I was very willing and very able to act - I simply didn't know I had been appointed a reserve executor and trustee. My brother never spoke to me about it at all.
Are you saying that the grant of probate effectively removes me and that I can have no influence at all?
Can I approach the court and say there has been an error?
Assuming this is resolved, do we have to make joint decisions or can a single trustee act independently of the other and in opposition