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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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My brother died 30th November 2015 and probate has been

Customer Question

My brother Terry died 30th November 2015 and probate has been granted in October this year. My other brother Peter is executor to his will and he is now telling us that half of his property is his, as our mother who died in 2007 left her half of that proprerty to the brother that just died and on his demise that half would go to him (Peter). I and my sisters were told were not left anything in Mum will. Although the brother that died Terry did give us all £1,000 which he told me was from my mother.
I cannot find a copy of her will as i dont think probate was filed.
Terry's will made in 2002 does not state anything about the half property going to Peter on his demis.
Probate has been granted but the property is not on the market currently.
If that is left to Peter as he states would that not be reflected in Terrys will. As i was led to believe Teddy and Mother made their wills at the same time.
We have only just found this out as no-one had ever mentioned this before. I can send a copy of his will if you need to see it. I just want to know what to do.
There are 4 people listed in my Brothers will. 35% to Peter him, 35% to his youngest sister, and me and my other sister get 15% that is in his will but nothing apertaining to half of the property going to Peter only his motor vehicles, (chattels). I would like to know how he can say that half the property is his and does it overide Teds will.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

Have you checked who is registered as the current owners of the property

Customer: replied 1 year ago.
Customer: replied 1 year ago.
No i do not know, i would think it was my mother and my brother
Customer: replied 1 year ago.
I am off to work now and will, be back about 4 pm,
Expert:  Clare replied 1 year ago.

It is important to find out who is registered as the Owners

have you used the Probate Search process to check on the position with regard to your mother's will?

Customer: replied 1 year ago.
i cannot find my mothers will so i dont think probate was filed. I have just had a copy from the land Registry stating it is in my deceased brothers name Terry Milverton. Does not mention my mother.
Customer: replied 1 year ago.
Are you there i have sent my reply to you. The property at the land Registry states it is in my deceased brothers sole name, if there were any caviates where would they be.
Customer: replied 1 year ago.
Where are you, no-one is answering me.