Will dispute and settlement talks

Forgive my ignorance but why are settlement talks even necessary?

The executor has an obligation to discharge the will in accordance with your parents’ wishes. Now that the son has seen the information, surely the path is clear to revert to the original terms of the will and split things four ways.

It’s what you’re entitled to and I wouldn’t settle for anything less. He’s messed you around for seven years already. He should also cover any costs that wouldn’t have arisen if he hadn’t dragged things out.

I think the executor should have been a bit more proactive in settling matters rather than allowing things drag out this length.

It’s one thing threatening legal action and another thing actually going through with it.

I’d question what the executor’s role has been. In the absence of any legal challenge (rather than the threat of one), this should really have been discharged years ago.

I know it’s not my business but if I was you, I wouldn’t bother with settlement talks. Why should you if the will is clear? Settlement implies you’re willing to concede on your entitlement. Why should you?

I would simply lean on the executor to discharge the will as they’re legally obligated to do. Seven years, when there’s no legal challenge, is taking the mickey.

Whoever advised you to consider settlement talks is not acting in your best interests. It sounds like a very straightforward will that should have been discharged years ago.

So I’m going to assume that you and your two sisters are at one with this, yes?
Then I think the 3 of you need to visit a solicitor and tell your story- they will be able to advise . I especially recommend this if there’s even a hint of a court challenge.

In terms of legal costs, it’s again something you need to enquire about- in the past, if some party disrupted the will, the tendency was for the costs to come out of the estate- that doesn’t necessarily happen anymore - and from what you’re saying, it looks like your brother doesn’t have a leg to stand on so he’s now trying for second best- “settlement” - a solicitor would be able to advise but my gut (and it’s only my opinion based on what you’ve said) - is that he’s completely bluffing - you can bet your bottom dollar he has received legal advice - you need to get that too from an independent solicitor.

As others have said you need to start asserting yourself more and get your sisters to start speaking as one voice - he’ll soon change his tune I guarantee you.

In terms of solicitors costs, you may end up agreeing on payment method - you may not have to pay straight away - just speak to one first and explore from there.
The length of time from death to execution of the will is very long too - a solicitor will be able to help in terms of moving this along -

If he wants to go into farming let him get his own herd number.

Your brother should be entirely responsible for his own legal costs.

The main questions I would have in any 'settlement' is whether any additional executor costs and devaluation of the estate should also be bourne in full by him, after all it is his actions which are the root cause of those additional costs.

I'd suggest him being responsible for his own legal costs and any additional legal costs of the executor and devaluation of the estate are taken from his share of the estate should be a starting point for any 'settlement' talks.

If he walks away with his 1/4 share and paying his own legal costs he will have done well in my view.

Just remember it is likely legal bills are building up in the background, seven years of them. A large chunk of the estate may be lost anyway to pay this off.

Ask the executor when they are likely to execute the will. They shouldn't be paying attention to unsubstantiated haranguing letters based on alleged hearsay. Let your brother take legal action if he wants, but it's likely a bluff. I wouldn't agree to settlement talks, which sounds like it would just be a shouting match where your brother tries to strong-arm the other 3 beneficiaries into agreeing to gift him their shares.

Really, it's between your brother and the executor. If he takes legal action it will be between him and the executor. I don't see why you or your sisters should be worried about legal costs as it's not your fight.

I do wonder whether it shouldn't be appropriate for the executor to deduct their legal costs in fighting a challenge from a benneficiary, from their share of the estate.

The brother hasn't even started legal proceedings and he wants ye to settle with him? He has a neck like you know what!

Get the executor to start doing her duty and let him off to start proceedings.....

The fact that "he does not have proof of this" in relation to a specific promise would not necessarily be fatal to a claim in proprietary estoppel for such scenarios. But he would need proof of other factors too. Based on what you have outlined, it wouldn't seem likely to succeed. But you'd need to talk to a solicitor and tell them all the details. Don't put too much weight on random internetters.

What you have going for you in your favour is that he is an equal beneficiary under the same will. So whatever he burns through in legal fees will hurt him as much as the other parties.

It's not his executor. Be very careful here. I hope you have been keeping track of the legal bills. As I have said before, there could be serious bills building up in the background. If there are more disputes about who should pay these then this could go on for years yet, further eating into the estate.

As far as I know, any profits that your brother made from the farm since your parent died should be included in the estate and divided according to the will.

Some thoughts:

1. Your siblings dont seem to be as motivated as you to get this settled? Its hard to imagine this dragging out for so long if most beneficiaries were putring pressure on the executor. Remember that its not majority rules. You are entitled to your full inheritance in a timely manner regardless of what the other beneficiaries agree, do etc.

2. From what you are saying, it appears that he's earning a living out of the farm. Plenty of incentive for him to drag things out for another few years even if he doesnt ultimately own the farm.

3. If this drags out any longer, there's a risk he'll start claiming some sort of adverse possession - working the farm for years without any legal.paperwork saying what his status is etc.

I don't believe the estate solicitor. I have been an executor twice. Perhaps you and your sisters should ask a solicitor to clarify this point and engage them to represent you jointly if they confirm what the estate solicitor is suggesting. It might be advisable for you three to engage a solicitor anyway to demand the executor get on with doing their job.

Have you actually seen the will?

The solicitor recommending settlement talks seems very strange if the will is straightforward.