How do I make sure the executor of my mother's will is being honest and equitable as he is a beneficiary?

[rontill]

My elder brother who is of questionable integrity is a main executor of my mother's will. How can I find out if he is being fair and equitable in dividing the assets? And is there any legal recourse for me if he fritters the money away on himself and I do not receive my equal share? He is also delaying the sale of her property, can I press him to act on this?
6 days ago

[Whoever]

Your brother, as Executor, will have to bring the Will to Probate, which means he cannot distribute any of the assets until Probate has been obtained because most banks, buildings societies, etc. will not release funds until they see a copy of the Probate document. Once Probate has been obtained you should be able to obtain a copy of it through the Probate office although you may have to pay for this. Executors are also supposed to execute the Will as expediciously as possible. He may be delaying the sale because house prices have dropped and he is hoping to get a better price for it. The property will have been valued at a certain price for the purposes of probate, but that is not necessarily the price it will sell for. Have you seen a copy of your mother's will? If you are a beneficiary, I think you are entitled to ask to see it. Your brother as Executor, should be keeping proper accounts of all transactions and when he is ready to distribute the sums involved, I think you as a beneficiary, are entitled to ask to see the accounts. If you genuinely think he is not being straightforward with you, you can always consult a solicitor but Wills often do take a long time to sort out and it is always better to try and resolve these issues amicably first within families, rather than resulting to the law. You say your brother is the "Main executor" of your mother's Will. This infers that there is also another executor, and if there is, perhaps you could address your concerns to the other executor involved, although sometimes a second executor can "waive" their right to act, and let one Executor handle everything if it is more convenient for that person to do so. Your brother is, however, legally obliged to carry out your mother's wishes and if money is disposed of fraudulently, he can be sued.

[Mamjet]

Sounds like you're very keen on getting your hands on some cash! And a bit jealous that your brother is the executor of the will?
Why not have a little bit of respect for your mother's wishes and let him get on with it? And you might want to question your own integrity while you're at it.

[themas]

If you are not an executor there is no way you can insist on seeing a copy of the will until probate has been granted. However, any executor with an ounce of commonsense would let other family members see it if they wished.

When the estate is distributed the executor has to provide beneficiaries with an account setting out the value of the estate, an itemised list of expenses (funeral, paying off debts etc.) and the way the remaining money is being distributed. If you do not get one (assuming you are a beneficiary) you can ask the Probate Office what action to take.

If there are any other executors they are equally responsible unless they renounce their right to be executors. So if your brother does not act properly & this is found out the others could be liable for the consequences as well as him.