Ask a Law Question, Get an Answer ASAP!
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 you have renounced as executor or agreed to reserve your power as executor or neither please?
Thanks. have you received a notice from your brother or his solicitor in respect of probate to date? Do you wish to act as an executor?
Yes i signed the will and tax forms and sent them to a solicitors in london
This would indicate that you are to act as an executor. Only executors are asked to sign a copy of the will and oath and tax forms. What makes you think you are not acting as executors - is it just your brothers say so?
Yes i asked about the solitor names and he is asking why i should know
Thank you. It might help first if I outline your legal position and then go on to suggest some practical steps you can take. May I proceed?
I don't understand who will dived the estate and if he will give me a fair share
Thanks. if you were named as an executor in the will, under the provisions of the Administration of Estates Act, your authority to act as an executor flows from the will. In other words if you were named as an executive in the will, you cannot be unmade as an executor without your consent. it is possible for you to renounce your role as executor but this must be done formally by a Deed which from what you say you have not done.
An executor is responsible for managing the administration of an estate efficiently and preserving the contents for the benefit of the beneficiaries of the estate and distributing those estate assets in due course to the beneficiaries. The executors will be asked to signe a copy of the will to confirm it is the last known will and testament, sign an oath agreeing valuations for the estate and agreeing to take probate and finally an estate tax return. From what you say, you have already been asked to sign such documents.
All executor laws that sign the will, oath and tax forms will take probate jointly
all three of you have equal rights - none has better than the other. you have a right to obtain any and all information regarding your parents estate, to give instructions to any solicitors that are acting for the estate and to instruct payments and so on. It is important that executives work together because executors who do not do so can cause disputes which can be costly to resolving court. your brother is therefore playing a dangerous hand in attempting to alienate you.
Yes but my brother said has said he will let me know when the estate is divided and I get my share
There is no need for you to accept your brothers line and you have an absolute right as above for any and all information relating to the estate and your agreement will be required in order to make distributions, sell property and so on in relation to the estate.
My concern is that I will not get a fair share
Your first step is to ask your brother to advise you the name of the solicitor acting without further delay failing which you will ascertain who is acting from the probate regitry and make contact yourself. you can consider going on to say that you expect to be fully involved (if this is your wish) and remind your brother that you have equal rights alongside him to any and all information and your instructions will be required as a joint executor for administration of the estate.
If he continues to refuse to give you information, the easiest way of finding out the name of the solicitors involved if you do not recall who they were from when you signed the will and tax forms, is to contact the local probate registry and ask for a "standing search" of the probate register. as soon as an application for probate is made, with one has already been made, the private registry will be able to provide you with a copy of the grant of probate and the identity of the solicitors that submitted the application. you can find details of your local private registry using the following link:
(make sure you check the "probate" button in the list)
Does my brother divide the estate?
as soon as you have the name and address of the solicitors using the above approach, you can consider contacting the solicitors to obtain the information you require. The solicitors must act for all the executors equally favouring no party individually and therefore the solicitors will deal with you equally alongside your brother giving you whatever information you require and taking your instructions. If there is a dispute between you, the solicitors will not proceed with any one person's instructions over another and the dispute will need to be resolved before administration can be completed
in respect of dividing the estate, notwithstanding all of your above rights in respect of administration of the estate, you are also entitled to your share under the terms of the will and none of the executors can reduce or alter any beneficiaries share without their permission. In the same way, you as an executor or cannot seek to reduce or alter your siblings shares. You are entitled to a full copy of the estate accounts so you can see that the money due to you has been calculated correctly and your instructions will be required by the solicitors before distribution is made to any party. There is no possibility that your brother can shortchange you in respect of your entitlement, and as you will see from the above, you have a full say in how the estate is administered on the basis you are an executor.
Is there anything above I can clarify for you?
Does the above answer all your questions or is there anything I can clarify or help you with any further?
If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though
So I can get the solicitors nsme? What do I need to do to get it please?
You need to contact your local probate registry which you can find using the above link.
You can ask them to carry out a standing search of the probate register - they will send you a form and there is a fee to pay of £5 from memory.
They will then send you a copy of the grant of probate if it has already been applied for or as soon as it is applied for.
Has the above answered your questions satisfactorily?
You have been fantastic, for 3months I have been consumed with worry thinking my brother and sister would chat me out of my inheritace and you are daying they can't?
If you were also appointed in the will as an executor based on what you say above he certainly cannot. Once you make contact with the solicitors you should find they are entirely cooperative. If I can assist any further as the situation develops please do not hesitate to revert to me
Thank you. Do I ask for you?
You certainly can...
You can either asked the me in the first line of any question and/or contact me through the below link: