Thanks Steampowered, succinct summation of how things would normally be viewed & dealt with & how I am dealing with the situation. There are however other significant factors involved Vis joint ownership of property which he is refusing to let me have my fair share of as well. Would you mind if I pm'd the email I received for your consideration? Would really appreciate an objective view. Oh and in case I haven't mentioned it many thanks to the site it has so far helped me cope with a very traumatic period in my life, its really good to be able to pour out ones troubles to an objective audience. Davey1309

I've been advised by my best friend (who has extensive experience of issuing summonses & debt recovery) who has seen the correspondence that a summons is too weak & that this is a case of theft pure & simple & a criminal complaint should be issued. His argument being that his refusal to transfer the funds or respond to the request shows intent. Any thoughts?

Probate office (helpful but not legally qualified) say to take legal advice & issue a summons (which i cannot do from outside of the UK). Bit stumped at the moment as to what action to take.

Thanks HB good advice. will contact tomorrow & let you know their views.

No law centre close to me as I'm in Spain at the moment and unable to travel due to a series of recent heart attacks, & will not be able able to travel for at least a month. Just wondering if there is a timescale for distribution of the estate & whether having asked politely for my inheritance to be passed on & his non compliance constitutes a breach of duty. On a separate note would it be helpful & allowed under forum rules to post a copy of the correspondence I have received? It is not pleasant reading.

Not an executor as no will was found (tho my mother pointed out to my brother & cousin shortly before her demise a folder that she said contained her will). Post mortem the file disappeared therefor intestate. So with the letters of administration my brother becomes a personal representative of the estate, & has the same legal responsibilities as an executor.

Hi My brother has dismissed the solicitors dealing with our late mothers estate (she died intestate as the will seemed to have disappeared?) and has had the letters of administration passed over to him & cleared her bank A/Cs. He has sent me a really abusive email & has threatened to spend my inheritance. I have sent him an email requesting that he pay my share of the estate into my bank A/C directly. I cannot see him complying with my request. Is there a legal time frame for settlement? If he does not comply with my request is he breaking the law & if so what is my course of action. Any advice would be greatful. Thanks. David