Probate

[Mcsck Angel]

Hi.I could do with some help please.When my mother died.I signed that my brother could be named person on probate.Me,him and sister our executors and all in in will.He did include the car (5k/6k)in the probate.The house didn’t sell so being rented.Have found out that the joint acc we all signed for has been closed down by the 2 of them.Can I get the probate reversed?Help please guys

[Mcsck Angel]

Hi.I could do with some help please.When my mother died.I signed that my brother could be named person on probate.Me,him and sister our executors and all in in will.He didn’t include the car (5k/6k)in the probate.The house didn’t sell so being rented.Have found out that the joint acc we all signed for has been closed down by the 2 of them.Can I get the probate reversed?Help please guys

[AnthonyR]

This is a tax forum rather than a legal forum, so you might get a limited number of responses.

What it looks like is that your siblings have distributed assets from the estate without your knowledge. This appears to be in breach of their powers, as executors must act unanimously and so may be negligence or possibly fraud if they have effectively stolen money that belonged to other beneficiaries.

You need to take some legal advice. The issue is not a matter of reversing probate as probate simply gives the executors power to deal with the assets. It's a breach of trust by your brother and sister which would require you to make a claim against them if you are the beneficiary that should have received 1/3 of the account balance.

[AGoodman]

If you are a named executor and consented to him taking out probate in his sole name then you are likely to have power reserved to be added. As said below, you need to speak to a lawyer and you cannot simply reverse anything. First, you are not clear who owned the account, the purpose of it or what has happened to the monies. Have you asked? Presumably you have a relationship with your siblings if you allowed your brother to take out probate alone.