If there is a valid will then the brother would have to contest the will on the basis that adequate provision has not been made for him within a strict fixed time which I assume is 6 months from the date of probate.
Technically in wills law a beneficiary does not become beneficially entitled to his inheritance until the adminstration is complete and all claims agains the estate have been dealt with and debts paid. There is a concept called the "executor's year" which means that the executors cannot be compelled to pay out to beneficiaries until a year has passed from the grant of probate. I guess your client is the executor and the solicitor is acting for him, so he could choose to pay out earlier.
Frankly it is unlikely that the brother would be able to make a successful challenge especially if he is fit and working. The mother wa well within her rights to cut him out of her will as long as she was reasonable (most people add in their wills "I am leaving nothing to my other son Bill because I haven't heard from him for five years, not even a Christmas card").
However the risk is there and it is sensible advice. I would have thought that there could be no guarantee a claim would not be made and thus the property would be held in suspense while proceedings meandered on. I think he is at present only entitled to part of the net estate, but if a claim was made and there were special circumstances it might even be less than half. Do you know anything about the brother - state of health, work etc?
I don't believe this was intestacy becasue there would be no ifs or buts: the brother would be entitled whatever his conduct. No doubt that's why Mum made a will. You can't disinherit people by intestacy.
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