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Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33324
Experience:  family solictor with 25 years experience
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I am a beneficiary in a will my Brother is the Exceutor,

Customer Question

I am a beneficiary in a will my Brother is the Exceutor, whom I do not have a good relationship. How long can he legally take to apply for probate, delay paying my share of the estate and is there any way the process can be speeded up.
Submitted: 6 months ago.
Category: UK Law
Expert:  Clare replied 6 months ago.
Thank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhere did the Testator live and die, and when did they die?
Customer: replied 6 months ago.
September 7th 2015 in London UK
Customer: replied 6 months ago.
September 7th 2015, London UK
Expert:  Clare replied 6 months ago.
What assets are there?
Customer: replied 6 months ago.
A House
Customer: replied 6 months ago.
The amount left in the will to me and my 2 sisters is well below the value of the house, the remainder of the value of the house will go to a charity, hence no inheritance tax. My brother does not need to sell the house it is rented and he mentioned that he would takeout a loan to pay us, but now he is being very strange, and My real question is Can an Exector just refuse to pay out to the beneficiaries, and what can we do to make him carry out the terms of the will.
Expert:  Clare replied 6 months ago.
Your brother has what is known as "the Executors year" within which to deal with the Estate before interest is payable on the various bequests.Some Estates do take much longer than this - but then the Executor is expected to provide an explanation for the delay.The Executor is under a duty to deal with the Estate promptly - and if he fails to do so then it is possible (after the year) to apply to have him replaced.It is fair to say that the Charity is likely to anxious for the matter to be dealt with as wellPlease ask if you need further delay
Customer: replied 6 months ago.
The charity is registered as to promote education in religion, but is actually a tax saving device, whereby my Brother is the Director and all his 3 children and wife are the trustees, so he has no trouble in delaying, therefore if he does not pay out and we do not want to go to the lenghty process to replace him, what are our other alternatives, can he be bound by law to make the payments.

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