How to get a copy of a will?

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bambam

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I would really appreciate some advice, as it is unusual that the deceased would not have left as much as a book to the children or grandchildren etc:

  • Is it possible to request a copy of a family will, from the solicitor, without the executor (and in this case sole benficiary as we have been led to believe) being informed by the solicitor?
  • If the will went to probate do the Probate Office inform the executor that a request for a search has been made? If it didn't go to probate is there anywhere else that a will is registered?
  • Does a solicitor have any responsibility to ensure the executor has carried out the instructions of the will.
  • If the deceased died intestate do offspring automatically receive a portion of the estate or does the surviving spouse receive the entire estate?
Thanks
 
For the executor to be able to deal with the property, the will has to go to Probate, so it will have to be registered there. There is nowhere else to do it. Once registered it is public record, meaning anyone can get a copy. I can't imagine there are any provisions for contacting the executor.

Under Section 117 of the Succession Act, 1965 a person making a will is has a moral dutyto make "proper provision" for his/her children, and if there is a failure to do so, the court can impose such a bequest. Under Section 111 of the same act, the spouse is entitled to at least 1/2 of the property if there are no children and 1/3 if there are.

In intestacy, the property is divided according to Sections 66-74 of the same act - generally if there is a spouse and children, the spouse takes 2/3 and the children split the remaining 1/3 between them, but look through the sections to work out your particular circumstances.

As regards solicitors, I'm not sure, but I'd imagine their duty is to advise the executor to administer the property properly. They have a duty of care towards beneficiaries
 
Thanks j26. That may explain the hesitancy of the executor to dispose of property that has sat idle for the best part of 5 years.

Thanks again
Bambam
 
bambam said:
Thanks j26. That may explain the hesitancy of the executor to dispose of property that has sat idle for the best part of 5 years.

Thanks again
Bambam
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The executor is legally bound to execute the wishes included in the proven will to the best of their ability in a time efficient manner-it's not 'their' property to sit on. If the will asks for the property to be sold and the proceeds disposed of, this should have happened if possible. Ok, a 'reasonable' amount of time is required and probate itself can take many months but 5 years sounds excessive to me. I'd be looking for a copy of the will to see what the story is there.
 
bambam said:
Thanks j26. That may explain the hesitancy of the executor to dispose of property that has sat idle for the best part of 5 years.

Thanks again
Bambam
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He may be hoping to set up a squatters title (12 years)

There's nothing to stop you from finding out from the Probate Office what the story is if the executor fails to act, especially if you think you might be a beneficiary.
 
j26 said:
He may be hoping to set up a squatters title (12 years)

There's nothing to stop you from finding out from the Probate Office what the story is if the executor fails to act, especially if you think you might be a beneficiary.
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The Probate Office is not the place to go looking for legal advice. The only information they can give the OP is whether a Grant of Probate has issued and a copy of the grant if it has.
 
dazza21ie said:
The Probate Office is not the place to go looking for legal advice. The only information they can give the OP is whether a Grant of Probate has issued and a copy of the grant if it has.
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But they can advise whether he is entitled to apply himself. There's a lot of knowledge in the civil service - if you ask nicely.
 
bambam -- there are huge penalties in the case of interest payable to the Revenue if the granting of probate is delayed excessively. Also the beneficiaries of a will can claim interest from the proceeds of a will if the distribution is delayed over a period of eighteen months.

Most solicitors know the run of the Will process. However in Ireland there are only very few real specialists in this area, who when used are able to find careless mistakes which are not common knowledge.

I'm not a solicitor but have used some experts that have sifted through matters and when presented with the queries the other side come out with hands up. PM me if you wish and i will give you names etc.
 
bambam said:
I would really appreciate some advice, as it is unusual that the deceased would not have left as much as a book to the children or grandchildren etc:

  • Is it possible to request a copy of a family will, from the solicitor, without the executor (and in this case sole benficiary as we have been led to believe) being informed by the solicitor?
  • If the will went to probate do the Probate Office inform the executor that a request for a search has been made? If it didn't go to probate is there anywhere else that a will is registered?
  • Does a solicitor have any responsibility to ensure the executor has carried out the instructions of the will.
  • If the deceased died intestate do offspring automatically receive a portion of the estate or does the surviving spouse receive the entire estate?
Thanks
Click to expand...

Q1 - No. The executor has say as to who gets a copy of the will. Even if you were named as a beneficiary you are not entitled to see the full will only know what applies to you.

Q2 - The probate office will not inform the executor of any searches made. The Grant of Probate is a public document. There is no other place a will can be registered if it doesn't go to probate. It will just stay with the solicitor or executor.

Q3 - Yes. A solicitor has a duty of care to the beneficaries as well as to the executor. It is the solicitor's job to advise the executor how to carry out the testator's wishes and also to advise of the exectuor's obligations.

Q4 - Yes. The rules of intestacy apply and any good solicitor will be able to advise further.
 
Thank you all for your replies, we have a clearer picture now of where we can and cannot obtain information.

Thanks again
Bambam
 
Well it didn't go to probate which I presume means the assets such as property, shares etc must have been transferred before the person passed away.

Most likely never know as the executor is unlikely to allow anyone to read the will.

Thanks again

Bambam
 
Maybe there was no will? In which case, someone who benefits on intestacy could take out a grant ? Or a solicitor could do a search to see if property has been registered in someone elses name?

Out of interest, there is obviously a story/history behind all of this - maybe if you posted broad details, it might be easier to help once posters could actually work out why what you say is happening is happening..........or it might just satisfy my own curiosity!

mf
 
Not my family, thankfully, so not really at liberty to say - suffice to say that there have been some incidents that would lead one to believe that the executor may be less than transparent in his actions.

Thanks again.
 
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