Who is read a will

Welcome to AAM, cindy.

On the face of it, it certainly sounds like negligence. If I were you, I wouldn't go into too much detail on a public bulletin board like this — and especially, don't name the solicitor! — but would approach another solicitor for advice a.s.a.p.
 
Are we really getting the full story here?

cindy said:
I was never read the will and only recieved a copy of the will 2 years ago when i requested it. .
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As far as I know, the executor need only show you the section of the will that relates to you. Once brought to probate wills are publicly available.

cindy said:
Also, there were 2 executors on the will and one of them has never been given contacted by the solicitor or given a copy of the will. .
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I find it hard to believe that an executor would be appointed and not be aware of it. Why did the other executor not inform the non-contacted executor? Who carried out probate?

cindy said:
Also the solicitors lost the deads of the house after they were returned by the bank. They only found them last year which meant i could only get a bank loan instead of a mortgage on the property which cost me thousands of euros. .
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Do you have to produce physically the deeds when re-mortgaging? You appear to be saying that a bank gave you a loan on a house for which you could not prove title. I doubt this.


cindy said:
Would i have any recourse with the solicitors as they have now send me a hugh bill for there services. .
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[FONT=&quot]Why is the solicitor sending you a bill? What contract do you have with them and for what services did you engage them?[/FONT]
 
Any one or more executor/s can prove a will, reserving the rights of the other executor/s and without notice to them.

Should the probate have taken place earlier? Not a matter for the solicitors- who take their instructions from the executor. Perhaps/ perhaps not. The delay in taking out probate did not necessarily disadvantage you since you were not to inherit in any case until you were 25?

RE mortgage versus personal loan. Did you inform the solicitors of your urgent need for money and that they were disadvantaging you in this way? Did you give them an opportunity to deal with your complaint at the time by keeping them fully informed of your situation?

It's very difficult to give you a precise answer except to say you should really take a consultation with an independant solicitor to talk through these issues in context.
 
Not to rub it in but you may have a capital gains tax liability for any appreciation in the value of the house after you became the owner!! Again I believe a solicitor is legally required to inform you of this

NB This should not be construed as legal advice
 
mmclo said:
Not to rub it in but you may have a capital gains tax liability for any appreciation in the value of the house after you became the owner!! Again I believe a solicitor is legally required to inform you of this

NB This should not be construed as legal advice
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I wouldn't construe it as tax advice either.

There may be inheritance tax to be paid depending on the relationship with deceased and the value of property.

Capital Gains Tax will only arise if/when you sell the property.
 
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