15 April 2025

Probate Dispute: Stalemate in Administering an Estate

Sibling Conflict Over Mother’s Estate in Bristol

When our client first contacted us she had a sad tale to tell that involved a probate dispute that was proving difficult to resolve.

Her mother had recently died and her father had also died only a few years before. Unfortunately our client and her brother – her only sibling – did not get on. The brother was a bachelor who was staying in their mother’s house in Bristol and he refused to allow our client any involvement in their mother’s affairs. He did not even tell her when their mother’s funeral would be held. So our client sadly could not properly mourn her mother whilst her children did not get the chance to attend their grandmother’s funeral either.

Withholding Information and Allegations of a Will

Time went on and our client’s brother continued to deny her any information about their mother’s estate. He said that there was a will leaving everything to him, but he could not produce it, despite repeated requests. In the end our client had to assume that her mother had not in fact left a will and was intestate. That meant that the house, plus the mother’s savings and investments, would go to our client and her brother equally – under the intestacy rules set out by statute.

Obstruction and Control Over the Estate

Our client seemed to be at a stalemate. She wanted to make sure her mother’s estate was administered properly, but her brother refused to do anything or give her any information. He would not even pass on their mother’s death certificate. The situation suited him well: he was living in the house – which he refused our client access to – and was in possession of their mother’s affairs bank accounts, investments and pension details. For all our client knew her brother was steadily working his way through their late mother’s funds.

Taking Legal Steps to Regain Control

As a first step, we obtained a death certificate for the client. This allowed her to contact banks and other institutions formally and obtain some information about her mother’s affairs. Next, our client began the probate process – as next of kin, she had the right to apply to be her mother’s administrator (similar to an executor). We gathered the required information about her mother’s assets and liabilities and submitted it to HMRC, in order to ensure that any inheritance tax due was calculated properly. Our client was then able to apply for a grant of probate (in fact called ‘letters of administration’ in this context as there was no will).

Enforcing Legal Rights

Once our client had the grant of probate, she had the legal authority to administer her mother’s estate. She could legally take control of the house, and ensure that it was being maintained, insured, and secured properly. Her brother had to move out, so that it could be sold. She could contact her mother’s bank and transfer the funds into an executor account, and also start to sell off the investments.

When a Family Member Blocks Probate: What You Can Do

Unfortunately, it’s not uncommon for grief to reignite old resentments. When the last surviving parent dies, longstanding family tensions and resentments can surface with some siblings becoming obstructive or uncooperative, even when they have legal duties to administer an estate or apply for probate. This can leave other family members feeling powerless, as well as aggrieved that they are being denied their inheritance.

In this case, our client felt powerless but with the right legal support she was able to take back control, honour her mother’s wishes and protect her rightful inheritance.

Further Reading

• More information on probate and administrating an estate
• More information on replacing or challenging an executor of a Will

Let Us Help You Deal With a Family Probate Dispute

If a family member is refusing to act, withholding information or blocking you from administering a loved one’s estate, please get in touch.

Contact our team today for clear, compassionate advice on resolving probate and inheritance disputes.
Let us help you take the steps needed to protect your rights and your loved one’s legacy.