Unhelpful solicitors. Dodgy executors

[king12345]

Who has got the final and valid will?

What's the codicil about?

Usually when someone leaves a valid will, unless hidden close relatives appear, everything can be sorted quite easily.

The missing money is something to address after the inheritance has been distributed, so leave that to one side for the moment.

[king12345]

It's unclear why brother D, the executor and the one who has emptied the accounts, is attempting to over turn the codicil.

He's got the entire estate by the look of it, why would he do anything?

No estate means no inheritance, so the other brothers should be challenging brother D.

If brother D had power of attorney or joint accounts prior to your mother departure, it would be difficult to challenge him.

Can you please explain why he's challenging the codicil despite having taken the entire estate?

Is there a property that your mother left?

[king12345]

If brother D had power of attorneyicon or joint accounts prior to your mother departure, it would be difficult to challenge him.

 

 

 

That may not be the case, king. I've thought for a while that is seems to be easier to challenge an attorney than an executor. This link seems to apply to all of the UK.

 

 

 

https://www.gov.uk/report-concern-about-attorney-deputy

 

 

 

OP, you talk about your brother being a fiduciary, is this in Scotland?

 

 

 

HB

 

Hi HB,

That only applies while the person is alive if their money has been misused or stolen.

Once the person dies, they won't care because it becames a matter for the beneficiaries to challenge the person with power of attorney.

Brother D could simply claim that he used all the money to care for the mother and he's not obliged to keep any receipts.

Of course if the amount is excessive then it would be easier to challenge, for example if £10k/month came out of the account for a period of time.

A decent solicitor would advice against taking to court a person with power of attorney after death if the amount missing is not clearly excessive.

[king12345]

If you want help you need to give us the details, otherwise we can't give you any advice based on "the matter is complicated"

How much money has disappeared?

Was your brother D the registered carer for your mum?

Did he share a bank account with her?

Is there a property in the estate?

Where's the second will come from and was it made by a solicitor or just one of the whsmith worthless diy will?

Was the will you have have been excluded made by a solicitor?

You said that you already spent 10k to help your little brother, if the potential inheritance is not 5 times that, i suggest you stop throwing money away and accept that sometimes justice cannot be done because there are no evidence.