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Executor and Beneficiary

Hi... Got a bit of a problem re my late brother's estate, there are 2 executors my younger brother and myself, over the months since my brother passed away l have repeatedly asked to be updated on the bank details re his estate and the replies l get in emails from him are to accuse me of harassment and if l persist he will report me to the police.

Today l received from him in the post copy of the application for him to take complete control ie. he's filled for probate in his name only, my question is can he do this bear in mind we are both executors of the estate and l have not been consulted on the subject, I might add that it was I that registered his death with the authorities and I hold all the death certificates and was named as next of kin now am I correct that a death cert is required to start probate, can anyone help me with the correct procedure?

Many thanks, John

Created By on 24/10/2021

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6th Nov 2021 20:07:01
Thanks for voting!
The short answer is No. Your brother can't get a Grant of Probate without your consent.

However the form that you have received may very well be an application to enable him to apply for a Grant of Probate in his name only with power reserved for you to apply at a later date. Do not sign this form as you will be consenting to your brother having absolute control of the process.

If you don't understand the forms you have received take them to a Solicitor and ask him to explain them to you.

There is a mechanism which is known as a Caveat which puts the Probate Registry on Notice that you object to Probate being granted to your brother . It shouldn't be necessary to use this mechanism because your brother won't be allowed to apply for a Grant of Probate without you being a joint executor unless you sign away your 'rights' as mentioned above.

I hope this helps..
25th Oct 2021 08:58:11 (Last activity: 5th Nov 2021 15:29:28)
Thanks for voting!
I have little legal knowledge but I have been through a very bad situation with family a few years have passed now and it has only just been settled to the terms of the Will.
My oldest Son was Executor and the main Beneficiary so was a difficult time for my Sister and myself as we were excluded from the Will and were granted the left overs...!
You do need the Death Certificates for sure. Your both executors so you're both in charge of proceedings which would be conveyed to you both by the Solicitor involved.
You do need professional assistance though as it can get very unpleasant and if you can't speak honestly to each other then there could be sparks flying I would think.
Wish I had more knowledge but I do not.
Being in a different Country than my family made it difficult ...
Response from carpediem1940 Original Poster made on 25th Oct 2021 17:17:17
Thank you for your comments,most helpful.
Response from PerfectNumber made on 5th Nov 2021 15:29:28 > @carpediem1940
Hi - I am also only talking from experience. My husband and myself wrer joint executors of my mum's will, and, as her estate was quite simple, we applied for and got prbate ourselves, without any use of a solicitor (it helped we already had a joint bank account. However, I was also joint executot with a friend of my dad of his will, which was rather more complicated (though no animosity was involde), and we handed all the paperwork over to a solicitor, who got grant of probate for us, with monies in and out going through a special account set up by him for that purpose, which is a normal thing to do.

If you hold all the certified death certificates, there are scads of things your brother should not be able to do eg dealing with banks, pensions and HMRC. Even simpler things like gas & electricity need photocopies of the death certificate.

I totally agree you need professional help, but do check what solicitors are likely to charge - some will charge by the hour of work, and some a % of the estate, and with a comparatively large estate, which wasn't that complicated, but with certain complications I was not happy to deal with myself, so that suited us better. Though in your case there sounds like a chahce of a row, so any solicitor may hedge and want payment by the hour anyway.

My sister recommended our solicitor yes - do ask friends for solicitor recommmendations.

Good luck

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