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Dealing With A Will When You Are A Beneficiary

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TonyV | 15:27 Wed 17th Oct 2018 | Law
9 Answers
My mother pasted away in July 2017. My brother and sister are executors of the will, I am a beneficary, probably due my age when will was written. My sister is unable to deal with her duties due to her mental health issues.
My brother just seams to be sitting on his hands and doing nothing to distribute any funds according to my mothers wishes.
I have instructed a solicitor who wrote to my brother in July 2018.
Ive had a heated discussion with my brother today who says he can do as he wishes.
My solicitor will fire another letter of today to my brother and probably get no response again.
My solicitor has now said that I may have to take the issue through a probate lawyer.
anyone have experience or advice.
TIA
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See "What if an executor is refusing to progress matters?" here:
https://www.thegazette.co.uk/wills-and-probate/content/100321

However all that really tells you is that you'd need a specialist in probate law to take matters forward.

In case Barmaid looks in here though, it might help if you could make it clear as to whether your brother has obtained probate (but is simply refusing to distribute the estate) or whether he's made no attempt at all to seek a grant of representation.
Question Author
Chris my brother has told me he has probate granted.
will read the attachment but basically my lawyer says he has taken it as far as he can and it seems that a specialist lawyer will be needed.
Will let my brother cool of for a couple of days, but seems he is holding all the cards at the moment. Just cannot understand why he is not following our parents wishes?
Question Author
Chris for a simpleton like we what does this mean?
Can I ask for a copy from a local office where it was issued, from my brothers conversation with me today, he will not be doing me any favours.

"it might help if you could make it clear as to whether your brother has obtained probate (but is simply refusing to distribute the estate) or whether he's made no attempt at all to seek a grant of representation."
You can obtain a copy here if it has been granted https://www.gov.uk/search-will-probate
You can obtain a copy of the grant of probate (together with the will) by ordering it online for a tenner:
https://www.gov.uk/search-will-probate

(If I see Barmaid posting elsewhere on this site I'll ask her to take a look at this thread).
Snap!
Question Author
Chris many thanks for your reply, having read your response and digested it, seems like there will be only two winners in this case, the solicitors .
Question Author
ok have a copy of will but will request copy of probate, thanks again for your help
Question Author
thats an interesting site and may provide some more pieces in the jigsaw

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Dealing With A Will When You Are A Beneficiary

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