Help with my mum's will

[mollycat03]

My mum recently made a will and appointed me her executor as well as the main beneficiary of her will. She has effectively "cut out" my brother, leaving him a cash amount and has stated she does not want him taking anything from the house. When her solicitor drew up the Will he also drew up a letter outlining her reasons for doing so, and lately she has updated it, stating that even though circumstances have changed slightly she wants the original will to stand. Can my brother make me give him access to the house and half the estate?

Also, what are my employment rights when it comes to taking time off to execute a will? Mum lives 220 miles away from me.

[boxtops]

I can't comment on the legal side, but (IMO) you will just need to take annual leave if you have to, re executing the Will - this is what happened regarding my parents. The solicitor will handle most of it and keep you informed.

[McMouse]

Don't know about employment rights. If the will was properly drawn up and witnessed and has a supporting letter giving reasons for her decisions then your brother will have no rights to your mother's estate and property other than as stated.

[rowanwitch]

The will if properly drawn up will stand and there is nothing your brother can do about it... unless he can prove you mother was not of a sound mind or under undue coercion. you won't get time off to execute the will

If you chose to give your brother something after your mum dies that would be your decision and within your gift...and if you get on with him it might be a good move..but it would be your choice to circumvent your mothers stated request

[tamborine]

After the Will going to probate your bruv has to stand by it. Should bruv contest Will before probate he could claim a share. Depends how 'enlightened' bruv is in this respect.

No employment rights to executing Wills but all exes for executing can be claimed from the estate.

[factor-fiction]

I agree with the above answers. There is no legal entitlement to time off for these things. You could take annual leave or ask your employer for time off as unpaid leave

[dzug2]

I assume:

your brother is not financially dependent on your mother

your mother did not live in Scotland

If that's the case then your brother could not successfully contest the will. Nothing to stop him trying though.....

[ladyalex]

As I understand it, although your Mum appointed you executive of her will, there is nothing to stop you saying that you would prefer not to do this and ask the solicitor to execute it for you .
The solicitor will charge for this, of course, but it might be worth it to you in the end.

[Prudie]

I was executor for my mother's and it only involved a couple of visits to the solicitor to sign things. The solicitor did all the work.

[mike11111]

If your brother can show that he was financially dependent on your mother (England and Wales) he may have a claim against the estate under the Administration of Estates Act.

[Barmaid]

Correction - your brother does not have to show he was financially dependent on your mother. Under the Inheritance (Provision for Family and Dependants) Act 1975, your brother falls into a class of claimant (ie son of the deceased) who have an automatic right to claim. He does NOT need to show dependency. However, it is much harder for an adult child who has the ability to work (ie no disability) and who was not promised anything by the deceased to mount a credible claim.

There is not a thing you can do though. Your mother has done everything she can for now.

Unless your brother is successful in a claim under the above mentioned act he does not have access to the house or half the estate (unless the Will permits it).

It terms of you having time off, there is no right to this, nor is there any right for you to claim any expenses. Up to you and your mother to come to a personal arrangement.