Dispute over inherited, shared property

As I had always thought my brother/sister in law got my mum to sign a new will ( she was 90 and fading fast in front of a solicitor friend of theirs to make it legal)she was confused and weak these pair of scumbags waited their chance and got her to sign everything over to them my mum wanted an equal split and they accused me of never being there (I live over 200 miles away )and used to come down at least every 2/3 weeks and stay minimum 4 days sometimes more I was the only one that ever stayed with mum and watched her fading away in front of me becoming confused and bewildered but they would say 'oh she's fine ' If she had been fine explain to me her screaming in the middle of the night that something had got in her bed @ turned out it was a furry hot water bottle she was confused as to who I was and they said she was fine.... I'm creating a website for people who may find themselves in a similar situation, I couldn't afford to take him to court, so next best thing let people know what to look out for and also tell the truth about this thieving pair of scumbags..so what sort of things would you like to see on a Website called howtocontestawillintheuk ? suggestions and ideas please I would love to help people in a similar situation with links and advice.

Cresty I feel so sorry that such a sad time should be made so much worse for you.

Thanks FB I have now instructed a solicitor nearer me after reading reviews they appear to the best choice.
As I suspected my brother is not sticking to mums wishes he has gone ahead and arranged a burial for her.This is not what mum wanted and I was thinking of challenging his decision,however on reflection I have decided to honor mums wishes by arranging something in Scotland where she wanted her ashes spread over an old place her and her brother used to play.How sad for mums memory that this idiot has caused offense to her memory money is what its all about for him still bad karma produces bad karma I hope he is happy with what he is doing to mums wishes so disrespectful to her lovely memory I have of her he hasn't even told me when the funeral is or the fact it is a burial shows what type of person he is no wonder his kids hate him.
Thanks for all your help on the forums I look forward to a peaceful future without him or his family in it.

DD lives near Stevenage in Hertfordshire, so some distance from Wales. When I chose the solicitor to contact I did do research first and check that it was a reasonably sized local firm who had a specialist personal injury department with appropriately qualified solicitors.

I think a lot of people do not realise that solicitors are not like GPs they do not handle every kind of legal work with equal facility. Nowadays most of them have specialist training in the area of law they specialise in. Anyone consulting a solicitor does need to make sure that they do not, for example, end up discussing a property dispute with a solicitor who specialises in family law.

It has taken well over a year to get them to come to a conclusion on my partners mums will.Communication was dreadful even when she went in (we live far away) the security was really snotty with her.

My partner used to work in the legal profession and she couldn't believe their service.I'm afraid I am going to write a review on the web somewhere as people shold be told of their shoddy work and over charging.

I have looked at the Age Concern site FB and indeed there is a lot of info on there site .Links to a solicitor that I may contact after I have read their reviews of course!! do some companies not know that people will complain if they receive bad service?

Glad you got great from a local service we live in Wales is the good solicitor anywhere near there? and what was the company called? if you don't mind telling me? guess it doesn't matter where they are just that they provide a decent service and cost for their work.

Thanks for your input FB.

Cresty I am really surprised you have had this problem. Although I agree about the cost. It cost a fortune to wind up DF's estate. The cost was based on a percentage of the estate not the actual cost of administration.

My most recent contact with a solicitor was over DD's compensation claim after she was seriously injured in a road accident. She rightly refused to have nothing to do with ambulance chasing claims companies. We just emailed a local solicitor and are getting very good service.

Thank you FlicketyB have sent 4 emails to different solicitors in my area guess what ?no reply !! doesn't give you confidence in them especially after seeing what my partner went through when her mum died last year took over a year to send her final accounts then they charged her 2500 for the pleasure however thanks for your help FB.

Cresty Speak to the CAB or consult a solicitor or a law centre. These are where the people who can help you will be. You could also speak to your local Age UK.

Age UK online have many fact sheets on all kinds of subjects, including wills, death etc etc. Have a look there. There may be a lot of useful information.

Well sent him a letter over 5 days ago ,no response at all.mum passed early yesterday morning, peacefully and not one member off the family called to say she had passed away .The hospital called me thank goodness I ensured that they called me when mum went, otherwise I wouldn't have known.
My concern is now her wish to be cremated is not adhered to by him!!

He will blunder ahead as normal ,I did point out in my nice letter to him that she wanted cremated and where she wanted her ashes scattered whether he will respect her wishes is unknown as there is no contact at all.

I don't know if he isn't going to consultant me about her final journey, I think not, but I was the person that could talk to mum about her final resting place.

.As I am named as an excutor on the will (which he has taken and not informed me nor does it appear he wants me to see it even though I know what is on mums will) what rights do I have in ensuring mums last journey is what she would have wanted?
I can't see any other way than a legal way to ensure mums wishes are carried out.
Dreadful that one family member can cause so much heartache and trouble all he has to do is let people know what is being done, greed is a dreadful thing ,mum did say don't trust him, now I know what she meant.

Thank you Anya I will give him the chance to prove me wrong.

Thank you FlicketyB,
that's great advice I had been thinking along the same lines that I give him a chance to prove that he is a human being and will respect mums last wishes .
I have looked at so many forums and it is sad that when money or property is left to members of a family it can bring the worst out in people.
My mum said all she ever wanted was to leave something for us split 50/50 she even spoke of writing him out of the will but I managed to convince her otherwise.
I will speak to CAB on Monday thank you ever so much.
Cresty.

Sorry, I thought your mother had died already Cresty. When that sad occasion arises I would wait till the funeral is over and then ask your brother what will happen next over her will. He may suddenly surprise you and be above board. I think, given the circumstances, you should insist that the will is administered by a solicitor and that he doesn't decide to manage the probate application and administration of the estate himself. Particularly where the executors do not have a happy relationship this is best for all. Solicitors are well accustomed to situations like yours.

However, if the worst comes to the worst. My post above points the way to your options.

At such a difficult time all I can offer is

There is excellent advice given above, but I'd just add .... perhaps not do anything yet. Your mother is still alive. Don't tarnish your memory of her last days with a family dispute.

Give your brother a chance before jumping in with both feet. You could be making things very unpleasant if you act hastily.

Cresty Go and speak to the CAB (Citizen's Advice Bureau). There will be one locally or consult a solicitor.

There are ways of ensuring that a will becomes known, even if it is not kept by a solicitor. Your brother will have to register it for probate. Once he has got probate the will is in the public domain. He will have to apply for probate because he will not be able to sell her house unless he has got it.

When an executor is acting unreasonably and refuse to provide a copy of the will. It is possible to pressurising the executor into providing a copy of the will by issuing what is known as a Caveat. This is a bit like an legal injunction and prevents Grant of Probate being issued and is therefore really useful in ensuring the will is provided, otherwise probate can not be issued, and assets can be disposed of. To do this you will have to use a solicitor.

Once probate is granted a copy of the will, will be available on the Probate Office website. Once you order a will from the site it takes about 10 days to reach you and will cost £10.00. The link below is to the official Probate Office site.
www.gov.uk/wills-probate-inheritance/searching-for-probate-records

My advice to you would be that it is essential you speak to a solicitor. Make sure the solicitor specialises in Wills and Probate.

As is so often the case- it was the same here re one of my brothers. So sorry this is not going to help- but THE EXCELLENT reason why my parents made sure all was properly registered with a sollcitor. It was the case with the friend mentionned above- s/he knew on of the sibblings was a total disaster, and could not be trusted- had told everyone s/he wanted that sibbling not to inherit (as it would be spent on the wrong stuff in months and would make problems worse)- but never did anything about it = disaster and the one sibbling who truly deserved her money never go it. Even the house has not yet been sold and is losing value...

Thank you Granjura ,no afraid mum never did that and theirs is only one copy which I believe him to have but I am named as one of the executors along with him so would imagine that he will have to contact me at some point but let us see.
Funny enough mum did say to me that she trusted me but never trusted my brother .

Sorry to hear that Cresty?

Do you know if your mum had her will registered with a sollicitor?

Again, this indicates so well why it is essential that we make CLEAR WILLS AND REGISTER THEM WITH A SOLICITOR - or a less scrupulous sibbling could not respect our wishes. I lost a friend some time ago, and s/he had made it clear that she wanted to change her will, again, and again- but s/he never did- and this has put her family under so much pressure and given so much heartache- and her assets have just disappeared down the drain, with nothing left for his/her family. All his/her friends and family (apart from those s/he wanted to exclude from the will for very good reasons) - but on her demise, there is nothing that could be done as it had not been put in writing and not registered properly.

My mum is on end of life care and she only has a few days to live.I suggested to my sister in law that as no is in her house I give the papers to her and my brother she told me that they were kept in mums safety box.I looked for them for over 4 hours and came to the conclusion that my brother had come into the house and taken them.Now either my sil is lying or my brother has not told her he took them.He has said nothing to me as he doesn't converse with me and seems to bully people into doing what is best for him as he is the older brother and always right!! mum had divided the house 50/50 to us both and we are both named as executors in the will.Is it legal for him to have taken the papers without telling me? does he have to give a copy of them by law? all mum wanted (she hasn't even passed away yet) was to leave something to her 2 lads equally.I get the impression that their is trouble ahead with my brother.Any one else had similar problems?

It is Free Will month, November I think

Re previous inquiries re wills, the Probate Office in Holborn, London has wills on a database. You can look up the will of any person, find the reference number and then pay £12 for a photocopy which arrives in the post a couple of weeks later. Sadly this only applies to wills which have been through Probate and obviously not wills which have been destroyed by devious relatives. But that is a whole other story

My mum's will states that from the moment she dies her house is on lock down. Only the executor (a solicitor) or his staff are allowed in to check security and switch of the utilities or if winter leave the heating set low. Everything will be valued and sent to auction. Just before the auction my sister and I will be allowed to choose one thing...the value of which will be classed as part of our share of the estate. The house will then be put on the market.

Eventually the estate will be shared out 50/50 between my sister and myself apart from a few thousand pounds that she is leaving to her grandchildren. If either my sister and myself die prior to my mum that share is passed straight to our children.

I know it will cost extra in solicitor fees but tbh I prefer it. I've seen the vultures move in far too often when someone dies.

My dad made a Will and granted a Power of Attorney and all of these were ignored. I am looking for other ways to deal with my affairs after I am gone. After what I was subjected too despite all the necessary legal documents makes a mockery of the law, lawyers sheriffs and courts but my father did all he could to protect me.
Sugarpufffaiiry

it's often spouses and partners who push for this to happen..

HAVE YOU MADE A WILL YET ALL ?

AND MADE ANY CHANGES YOU'VE THOUGHT ABOUT SINCE'

GET IT ALL WITNESSED AND LEGAL - DON'T PUT YOUR CHILDREN

THROUGH THE NIGHTMARE

DH and I made wills when our children were young.
This thread has prompted me to make the necessary changes now we have DGC to consider. It's something we've been meaning to do. Also the fact that DS still lives in our house and will do for the foreseeable future. I'd like to think his sister wouldn't force a sale. But you never know

Seek advice from CAB, Woodforde.
As already said, inheritance is the cause of many family feuds.
Second marriages and step siblings are another complication.
We've made wills leaving all to "charity", not that there will be much to leave, and I don't think this would be recognised in France .