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SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 4045
Experience:  Director and Principal Solicitor. UK
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I am 1 of 2 beneficiaries of my mother in laws will. My

Customer Question

hi, I am 1 of 2 beneficiaries of my mother in laws will. My brother in law is the other beneficiary and the executor of the will. She died december 2018 and he has done nothing about the will. Since I asked for bank statements a few moths ago (because he said there isn't anything in them - not believable) he has stopped all contact. The house is the only asset as far as I am aware and has been empty for the last 18 months, it's value must be decreasing. He gets the first £70000 regardless, then half of what's left. Can I do anything to get my inheritance? and am I allowed to see bank statements without his permission?
Submitted: 6 months ago.
Category: Law
Expert:  SolicitorRM replied 6 months ago.
Hi thank you for your enquiry and your patience. He is to manage the estate and to ensure he does not delay giving you what you are entitled to unreasonably. You can send him a letter of claim in his capacity if executor giving him 28 days notice to fulfil his role of executor without delay failing which you can take him to court
Expert:  SolicitorRM replied 6 months ago.
You are not entitled to copies of bank statements at this stage when he has not got the accounts together and advised you of what you are e titled to, however he will have to disclose the same when accounting to you on sharing the estate net assets and definitely if you are to end up in court.
Expert:  SolicitorRM replied 6 months ago.
You should check if you do not have legal expenses insurance either as a stand alone policy or under your home insurance policy as you may already have cover for a solicitor to assist you with probate issues. It would save you from making the enquiries and court claim alone or the fees to pay a solicitor. I hope this helps and I would be grateful for your rating at your earliest convenience. All the best.
Customer: replied 6 months ago.
you say i'm not entitled to copies of the bank statements when he hasn't got the accounts together. why hasn't he got them after 13 months, this is more than enough time to execute the will
Expert:  SolicitorRM replied 6 months ago.

As executor he owes his duty to the deceased not the beneficiaries. Regrettably I cannot say why he has not done anything, all Estates vay some are complex and take years, others are done in a few months. You can only ask for so long and you will have no option but to take action