Grants of intestacy

G

gemineye

Guest
Hi,

If my father died in 2002 intestate leaving a house in his sole name and my mother didnt take out a grant and now she has died intestate also do I have to take out two grants of intestacy or is sufficient to just take one out on my father and then can i sell the house?

Thanks
 
Strictly speaking, to deal with the property you need to extract grants to both estates- are you their only child?
 
Hi Vanilla,

No I am not an only child. I have 2 sisters and my brother died since my mother, intestate leaving a wife and child.
 
Hi Geminiii,

it's strange that i am in the exact same situation!!!! hope we get the answer soon!!!
 
strictly speaking, yes, you have to take out two grants, but as your Da left only the house (I'm presuming everything else was in joint names with your mother) taking out his grant should be easy.

You get the grant (contact [email protected] or your local courthouse if you live outside Dublin and they should be able to assist you with this). Then you get a grant for your Mother's estate.

Everything is divvied up per the Rules of Intestacy in the Succession Act
 
Succession Act Rules on Intestacy: [broken link removed]

Your Dad's Estate.
Therefore when your Da died, your Mum was entitled to 2/3 of the estate with the balance divided in equal shares between the kids (1/3 between the four children(1/12 each) - as your brother was still alive at this point).

Your Mum's Estate(includes the 2/3 portion of your father's estate that she inherited)
Easy-peasy: divided equally between four of you.

Your brother's Estate:
He was entitled to 1/12 of your Father's estate and is entitled to 1/4 of your mother's estate as he died after them both. The destination of his estate depends on whether or not he made a will. If he did, then the Will decides, if not, the Rules of Intestacy apply and his wife will get 2/3 with the rest between the kids in equal shares
 
You must log in or register to reply here.
Back
Top