Should I tell my brother he shouldn’t get 5th of mums estate

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My father died 10 years ago and mum died in January. Originally mums and dads wills had oldest brother and sister as executors but couple of years ago mum made it all 5 of her children. Main reason is my oldest sister lives abroad and the brother would probably just ride roughshod over all our wishes. Dad was Italian and worked hard all his life on a farm and when he retired he was persuaded to invest in a number of business by my brother. First business went bust ( brother just bled it dry ) and Dad lost his original investment (£25000 we think ). Then onto the next business which also then included my brother’s brother in law. This business was bled dry by brother and the brother in law and to keep it afloat dad was persuaded to remortgage his house ( he was by now in his seventies) and even though the solicitor advised him not to he went ahead. The other 2 parties continued to draw a salary but dad did not . This business went bust and dad had a small apartment in Italy which he sold and gave brother money to buy the business from the administrators on condition younger brother was taken on to help in the business. Basically all that money was used to pay personal debt and both brother and wife were forbidden from being company directors for 5 years for not paying for the company ( ie they kept dads money to pay personal debt)
All my other brother and sisters were persuaded to pay this mortgage and at one point it was discussed that maybe it could be made repayment so at least it would decrease. Mum and dad were persuaded without our knowledge to renegotiate it as a 50 year interest only mortgage. So I cared for my parents the last 10 years ( at least 6 of those I lived on carers allowance with a small top up from mum and dad. Brother is now a successful property developer ( or so we are led to believe ) and lives in a million pound property and drives a Porsche. So mum died leaving a £40000 mortgage to be repaid and £8000 loan for new windows ( arranged when dad died ) enough in the bank to pay for the funeral and the bills for about 6 months on the house. House is worth about £300000 and the money is supposed to be divided 5 ways. I would like to think my brother would realise that the mortgage is actually his responsibility as he profited from it not the rest of us
So should I bring up the Mortgage or let it lie and divide the money 5 ways. He rarely came near mum
After dad died and was apparently quite rude about her weight on occasions in her later years
 
a) I think this is in the wrong section
b) you seem confused about the distinction between an executor and a beneficiary
c) seek real legal advice
 
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Unfortunately the law is the law and you are relying on your brother having some morals which doesn't sound like he has. If you were relying on the top up from your mum you may have a claim under the inheritance provision for families act. I'd get some legal advice.
Eta I don't think you're allowed more than 4 executors.
 
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Honestly, whatever has happened in the past has been and gone, it’s water under the bridge. Trying to wrangle money out of your brother now via whatever is left of your parents money/house is a pointless waste of time & energy. However just you feel it is. Settle the debts, divide the remaining money/assets equally between you all and go your separate ways.
 
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Executors have a legal duty to divide the estate as set out in the will. Unless your brother volunteers to do something different with his share (in which case you may need to follow certain processes), you cannot divide the estate differently. If you cannot understand your duties you should seek legal advice ASAP.
 
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Executors have a legal duty to divide the estate as set out in the will. Unless your brother volunteers to do something different with his share (in which case you may need to follow certain processes), you cannot divide the estate differently. If you cannot understand your duties you should seek legal advice ASAP.
100% this

Understand your duties as executor and if you don't understand them seek legal advice.
 
OP take independent legal advice from a contentious Probate Solicitor.

Five of you are named as executors but only four of you will be named on the Probate (if you all wish to act - the first four named in the Will would be the acting ones).

Executors should be acting in the best interests of all the beneficiaries to administer the estate. If an Executor wishes to make a claim against the estate they should not take up their appointment.

If the Will divides the estate 5 ways only your brother can decide whether or not onto vary his interest in the estate. The decision cannot be made for him and he could sue for breach of trust if they estate is not administered in accordance with the Will.

Ultimately your parents decided to split the estate equally between you and your siblings. Had they wanted to take into account monies given to your brother previously they could have included a hotpotch provision or removed him from the Will.

I think you need to speak to a solicitor to discuss the specifics of the matter and they can best advise you.
 
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I work in a solicitors firm who deal with Wills and Probate (alongside other things). Please, seek legal advice. As an Executor you have a duty of care to carry out the wishes as stated in the Will. In some cases, a Deed of Variation can be drawn up to vary the Will IF all beneficiaries and Executors agree to it - however, it's important to bear in mind that the Last Will and Testament reflects your Mother's last wishes - whether you agree with them morally or not.
 
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If your brother is included in the will, you don't really have much of a leg to stand on to tell him he can't get a portion of your mom's estate.

I'm inclined to say it is quite frankly none of your business to dictate who can and can't get some of your mom's estate and certainly not your place to tell who should absorb the financial burdens left by your parents. I understand there might be some friction in the family and with your sibling, but the reality is your brother's relationship with your parents was is and you've got no business speaking for them. I say you should abide by what's in the will and move on.
 
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Just to update things . We have a buyer for the house and we will do exactly what my Parents wanted ( as we should )
And interestingly I now have a good relationship with that brother and for the first time a few weeks ago at a family meal he actually made space at the table for me.
im quite sad that the strain of looking after elderly parents led to much infighting between the siblings. We may even all go on holiday next year to Italy and Ireland to visit the relatives !!
 
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