Landlord won't allow access to estate

[daveonkeyboards]

My mother died and left her estate to be shared equally between myself and my 2 brothers. She lived in a house she rented from one of my brothers. The landlord brother won't allow access to the house to share her estate and intends keeping all the contents. My 2 other brothers are co-executers and we live in Scotland. My mother's solicitor will not help. They said we would have to get our own solicitor, which we can't really afford.

Do I and my other brother have any legal way of accessing her moveable estate, or would we be wasting our time trying to get access to her estate?

[themas]

I think the law that applies relates to where your mother lived. If she was in England, then English law, & not Scottish.

My comments are based on English law, but I hope that the principles in Scotland would be the same. Executors have a duty to wind up the estate in accordance with the wishes expressed in the willl. If they fail to do so they can be held personally liable. I suggest talking to the Probate Registry & asking their advice on what should be done. You say both brothers are co-executors, so it is not possible for probate of the will to be granted without both of them agreeing on what should be done.

Of course, unless you know what possessions your mother had in the house your landlord brother could well have removed anything he wanted or thought was of value before you had an opportunity to visit.