I’ve been dropped from being an executor to my late brother

[chibbard]

Mods, please move to the correct place if there is one. My late brothers wife has been allowed to remove me as an executor to my late brothers will without being consulted by anybody so what’s the point of it all if it’s so easy to do. Would anybody be willing to advice me on what I could do via PM. Apparently, she has been allowed to pretend there was no valid will despite one being signed by all of us and seen by her solicitor. Even her solicitor has indicated her actions were questionable which is why she referred the situation to the high court. Any advice would be gratefully received.

[BlackLabel]

She’s removed you as an executor or she’s removed the whole will full stop?

Btw sorry for your loss.

[chibbard]

The solicitor has replied with “The matter has proceeded as an intestacy, Mrs Xxxxxxx has signed the paperwork and as such is solely responsible for the estate.

[chibbard]

What makes it more suspicious is that a family member who carried out the will actually worked for the will company. Surely the will would be on record?

[Moonhawk]

chibbard said:

Apparently, she has been allowed to pretend there was no valid will despite one being signed by all of us and seen by her solicitor. Even her solicitor has indicated her actions were questionable which is why she referred the situation to the high court. Any advice would be gratefully received.

Where was the will held. Does the solicitor who drew it up hold the original (or a copy)?

[chibbard]

I am led to believe the will was held by the will company and I’m pretty sure I’ve got it in writing from the solicitor stating there was an original will plus subsequent wills which were not fully signed therefore invalid.

[chibbard]

Here is the statement I have in a previous email from the solicitor - There is not a valid Will, your brother made a Will in 2004 and only a copy of this Will is available and the three later Wills have not been signed.

[essayer]

Did he get married after 2004?

[PhilboSE]

The will needs to be found. This is your only priority.

As you believe yourself to be a named executor on the will, you have rights to determine its whereabouts and/or the existence of any copies which have been correctly executed.

It seems that the wife has gone for intestacy without you as an executor on the grounds that there is no will. This is very dodgy if she knows that there is a will. The law works in absolutes; if a correctly signed will is produced, then that will be taken as the final will despite any protestations from his wife that your brother changed his mind etc.

Sorry for your loss, difficult times made more difficult it seems.

[chibbard]

essayer said:

Did he get married after 2004?

No, he was married to her for approx 30 years

[PhilboSE]

chibbard said:

Here is the statement I have in a previous email from the solicitor - There is not a valid Will, your brother made a Will in 2004 and only a copy of this Will is available and the three later Wills have not been signed.

There is a difference between "there is not a valid will" and "we do not hold a valid will".

If he made AND SIGNED a will in 2004 then this IS a valid will. However the solicitors may not hold the original (signed) copy so in that case they cannot help. If not lodged with them, then the signed original is of course likely to be at his home and in the hands of his wife.

Unfortunately the burden of proof lies with you to produce a signed will if you want to contest the position.

A horrible situation.

[chibbard]

I have just found the written documentation from the will company that states they have the will lodged with them with a ref number (I’ve only just read the documents in detail) therefore will be phoning them tomorrow.

[chibbard]

Through doing some googling it appears the original will company has been taken over by another company.

[mondeoman]

Keep digging...

Good luck

[jeff m2]

Do you know the terms of the last signed will.

In the US (the law is similar) it is very difficult to change an executor,
I think only the original will is valid, copies are just copies and don't have standing.
Later wills unsigned are worthless

Was the last will made prior to your Brother's marriage to this wife?
If so, how could she produce an affidavit to say he was intestate!.....which I guess she has done.

After thought

Here a will that excludes a spouse is invalid, and would not be drawn up, So in the case of a new wife I suppose it is possible that the last will if made prior to the marriage could cause it to become invalid. Hence intestate,

I'm obviously not a lawyer. (and a little knowledge is dangerous)

[jeff m2]

ash73 said:

chibbard said:

Here is the statement I have in a previous email from the solicitor - There is not a valid Will, your brother made a Will in 2004 and only a copy of this Will is available and the three later Wills have not been signed.

Is that email from the same person who witnessed the will being signed, or just the same company?

As executor I think it is your duty to find the original, safety deposit box (actually the worst place to put your own will, no body can open it ) Fire proof box in his house

Are the witnesses on the copies still alive?
i

Edited by jeff m2 on Thursday 25th January 04:26

[llewop]

chibbard said:

No, he was married to her for approx 30 years

In the absence of a will: normally everything would go to the widow - does the will you believe exists say anything different? sufficiently different for her to want it to not exist?

[Marcellus]

Having been in an equally upsetting and horrible situation, may i ask what the OP is hoping to achieve by contesting that there us a will?

My reason being by taking your late brothers wife through the courts over your late brothers will you may end up ruining any relationaship you or any other members of your family have with your late brothers wife, children, grand children etc.

Is the contesting worth it?

[The Mad Monk]

chibbard said:

Mods, please move to the correct place if there is one. My late brothers wife has been allowed to remove me as an executor to my late brothers will without being consulted by anybody so what’s the point of it all if it’s so easy to do. Would anybody be willing to advice me on what I could do via PM. Apparently, she has been allowed to pretend there was no valid will despite one being signed by all of us and seen by her solicitor. Even her solicitor has indicated her actions were questionable which is why she referred the situation to the high court. Any advice would be gratefully received.

Why are you bothered about this?

[PhilboSE]

The Mad Monk said:

chibbard said:

Mods, please move to the correct place if there is one. My late brothers wife has been allowed to remove me as an executor to my late brothers will without being consulted by anybody so what’s the point of it all if it’s so easy to do. Would anybody be willing to advice me on what I could do via PM. Apparently, she has been allowed to pretend there was no valid will despite one being signed by all of us and seen by her solicitor. Even her solicitor has indicated her actions were questionable which is why she referred the situation to the high court. Any advice would be gratefully received.

Why are you bothered about this?

FFS. Is it beyond the wit of man to assume that he wants to ensure his late brother's wishes are executed correctly?

If he is an executor to a valid will, he has a legal requirement to do this.