# Grant of Probate issued 1.5years ago still haven't received inheritance.



## dellboy2

Any one know about Wills, i have a problem where i am named as a beneficiary in my late mothers Will,the Grant of Probate was issued over a year and a half ago but still i haven't received any inheritance. My sister and the solicitors are the Executors but both refuse to speak to me and let me know what is going on.I have told the solicitor that i am going to report him to the law society and i will do it,but i need some advice first..So can anyone help me.I don't have the money to get a solicitor of my own.......Please help!!


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## Deiseblue

dellboy2 said:


> Any one know about Wills, i have a problem where i am named as a beneficiary in my late mothers Will,the Grant of Probate was issued over a year and a half ago but still i haven't received any inheritance. My sister and the solicitors are the Executors but both refuse to speak to me and let me know what is going on.I have told the solicitor that i am going to report him to the law society and i will do it,but i need some advice first..So can anyone help me.I don't have the money to get a solicitor of my own.......Please help!!



Write to the Solicitor & copy the letter to the other Executor - your sister.

In the letter state that as the Executor's year ( this refers to the time frame in which one can reasonably assume that the Estate can be finalised ) has now passed since the Grant issued you are now seeking not only your inheritance but accrued interest on same .

This should provoke a response - better to write than phone.


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## Padraigb

Deiseblue said:


> ... In the letter state that as the Executor's year ( this refers to the time frame in which one can reasonably assume that the Estate can be finalised ) has now passed since the Grant issued you are now seeking not only your inheritance but accrued interest on same ...


That's a little off the mark. The legal position is set out S.62 of the Succession Act, 1965:


> The personal representatives of a deceased person shall distribute his estate as soon after his death as is reasonably practicable *having regard to the nature of the estate, the manner in which it is required to be distributed and all other relevant circumstances*, but proceedings against the personal representatives in respect of their failure to distribute shall not, without leave of the court, be brought before the expiration of one year from the date of the death of the deceased.


[Emphasis mine.]

The executor's year is a minimum time during which a beneficiary is precluded from taking action, but a longer period might be reasonable. It might reasonable to take longer if, for example, there is a property to be sold and the market is very difficult.

It may be a deficiency in the law that the executor is not required to inform beneficiaries on progress, but that is how it is.

But it is quite reasonable to write formally to both executors saying that it appears that distribution should be due as provided for under the Succession Act, and asking when it will happen. That puts some kind of onus on them to tell you how things stand.


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## Deiseblue

I am aware of the fact that the question of finalising the administration may not be straightforward but the OP is endeavouring to provoke a response & I believe that if he follows my suggestion he may very well succeed , a progress report is the least that can be expected.


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## dellboy2

Deiseblue said:


> Write to the Solicitor & copy the letter to the other Executor - your sister.
> 
> In the letter state that as the Executor's year ( this refers to the time frame in which one can reasonably assume that the Estate can be finalised ) has now passed since the Grant issued you are now seeking not only your inheritance but accrued interest on same .
> 
> This should provoke a response - better to write than phone.



the only words i've had from the solicitor was that they were waiting on revenue to get back to them (why i don't know because he told me he only wanted to deal with my sister and not anyone else)as far i knew once grant of probate was issued the estate would be divided am i right??.... by the way thanks for your help.


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## dellboy2

Padraigb said:


> That's a little off the mark. The legal position is set out S.62 of the Succession Act, 1965:
> 
> [Emphasis mine.]
> 
> The executor's year is a minimum time during which a beneficiary is precluded from taking action, but a longer period might be reasonable. It might reasonable to take longer if, for example, there is a property to be sold and the market is very difficult.
> 
> It may be a deficiency in the law that the executor is not required to inform beneficiaries on progress, but that is how it is.
> 
> But it is quite reasonable to write formally to both executors saying that it appears that distribution should be due as provided for under the Succession Act, and asking when it will happen. That puts some kind of onus on them to tell you how things stand.



all properties have been accounted for my brother was left the buisness,my sister the house and the rest of the assets to be distributed equally amongst all children living at the time of her death


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## Padraigb

If your brother is now installed in the business and your sister is living in the house, then you have some right (not clearly underpinned in law) to get an explanation of why the residue has not been distributed. There might be adequate reasons, such as trying to get liability to income tax agreed.

So perhaps you should write in formal tone to the executors, referring to S.62 of the Succession Act, and asking when a distribution can be expected.


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## dellboy2

Padraigb said:


> If your brother is now installed in the business and your sister is living in the house, then you have some right (not clearly underpinned in law) to get an explanation of why the residue has not been distributed. There might be adequate reasons, such as trying to get liability to income tax agreed.
> 
> So perhaps you should write in formal tone to the executors, referring to S.62 of the Succession Act, and asking when a distribution can be expected.



Thanks for the help!! while i am on here can i ask another question.. As my sister was left the house does that include the contents? why i ask is that in my fathers time there were items in the house that were of no value but were promised to other members of the family to which they have never to this day received!!


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## Padraigb

Health warning first: I am not a legal professional, but have acted as executor. Maybe one of our practitioners will turn up and advise.

My view is that a bequest of a house does not include the contents unless the will says so (and a solicitor drawing up a will for a client might suggest that the contents be also mentioned in the bequest, so you would need to see the wording of the will).

Promises made before death normally have no legal standing.


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## ajapale

What does _*your*_ solicitor advise?


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## Padraigb

ajapale said:


> What does _*your*_ solicitor advise?


OP said that he can't afford to pay a solicitor.


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## beffers

Some citizens information offices offer free legal advice on set days of the week. You may have to wait to make an appointment, as opposed to walking in and seeing some one straight away. There is no guarantee that the person the OP's sees will a specialist in the field of Wills or Probate law, but it could be an option for the OP.


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## mf1

It would be extremely helpful if OP would clarify why he thinks it is that both his sister and the other executor refuse to talk to him. There can be many reasons for this. 

It is also helpful to remember that posters have a habit of not filling in the background to their tale of woe which very often, after some judicious prodding,  turns out to be very relevant and very telling. 

mf


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## dellboy2

Speaking to my sister was never an option so it was true solicitors i had to get what very little information i had.So i went to see him the other day and he started to get narky with me and my brother telling us that he would no longer speak to us he would only speak to the other Executor which happens to be my sister. Myself, my brother have not spoken to either my sister or my other brother in over 8 years. I can fill in any background question you need if asked.


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## mf1

Here's a suggestion. 

Go into the Probate Office and ask for a copy of the Inland Revenue Affidavit, filed by the executors in your late mother's estate. As a family member, you will be allowed to order a copy. There will be some nominal duty payable to order it. This should give you some idea of the value of the residue - it should list all the assets in the estate. 

Is it possible that there is no residue? So, nothing to distribute? But why don't the executors just say so? 

I'm baffled. But I suspect there is more to this query, and a big history, which might make the "alleged" behaviour of the executors easier to understand. 

mf


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## Roamer808

The Revenue Affidavit end of things is part of the probate and is done BEFORE the Grant of Probate is given, there is no exception to this. 
So the excuse from the solicitor that he is waiting for Revenue is waffle.
If you ring the Probate Office they are very helpful. You can also call in to them.

Sorry to hear it went messy.  Background history should not be considered when you are a legal heir.  
But families are families.


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## Padraigb

Roamer808 said:


> The Revenue Affidavit end of things is part of the probate and is done BEFORE the Grant of Probate is given, there is no exception to this.
> So the excuse from the solicitor that he is waiting for Revenue is waffle....


Not necessarily. An executor might have to deal with the Revenue Commissioners on other matters. There might have been income tax underpaid or overpaid at date of death; there might have been income earned during the administration of the estate; there might be issues related to the business that was left to OP's brother.


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## itsallwrong

Agreed that there may be issues to the persons inheriting from the estate or additional income, the Grant of Probate is not granted unless the Revenue have been made happy.  The Affidavit is stamped and returned to the Probate in order for the Grant to be completed.
Any issues to persons or businesses are dealt with before Grant is given. 
Otherwise you then have the money and they don't. 

The OP tells us the Grant was issued a year and a half ago, so the Revenue are happy or arrangements have been made concerning any issues - which still doesn't explain why he still has heard nothing after 1.5 years..


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## Vanilla

itsallwrong said:


> The OP tells us the Grant was issued a year and a half ago, so the Revenue are happy or arrangements have been made concerning any issues - which still doesn't explain why he still has heard nothing after 1.5 years..



Not true. Revenue audits/CAT/Income tax issues are dealt with AFTER the grant issues. All that happens prior to the grant issuing is that the Schedule of Assets is filed with the probate office who send one copy to the Revenue. Probate office then issues the grant without reference to revenue. Revenue will then proceed, some time later, to deal with any outstanding issues.

What assets are in the estate? Cash? Property? What is OP getting?


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## dellboy2

Vanilla said:


> Not true. Revenue audits/CAT/Income tax issues are dealt with AFTER the grant issues. All that happens prior to the grant issuing is that the Schedule of Assets is filed with the probate office who send one copy to the Revenue. Probate office then issues the grant without reference to revenue. Revenue will then proceed, some time later, to deal with any outstanding issues.
> 
> What assets are in the estate? Cash? Property? What is OP getting?



There were cash and properties. The properties were left to my brother and sister and they are still in line for a cash payout also.My sister has already put the family home up for sale. The will was made with my sister being present behind me and my other brother's back just a month and a half before my mother's death knowing that my mother was dying from cancer and being heavily dependant on medication.


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## Vanilla

Two separate issues:

1. Clearly you are not happy with the will. If so, it's up to you to challenge it. Whether that is on grounds of duress, undue influence, or that your mother was not competent to make her will when she did. Be aware though, the costs of such actions may well come from the estate. If you're going to challenge it though, you should do so sooner rather than later.

2. Delay in administrating the estate- you say you went to see the solicitor and he got 'narky' with you and said he would only communicate with the other executor from now on. It doesn't sound like a constructive meeting. Normally I would suggest making an appointment to see the solicitor as a starting point to someone who claims they are in the dark in relation to what is happening in an estate. However in your case you have already been to the solicitor and still don't seem to know. I find this strange. Did the solicitor not answer your questions- ie what's happening, why is there a delay, when can I expect to receive my money? If so, that is unreasonable and I would suggest you put it to them in writing, ask for a reply within a reasonable time frame and if you don't get it, certainly make a complaint to the Law Society.


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## dellboy2

Thanks for the advice, i have written a formal letter to the solicitor and have mention that i intend to make a complaint to the law society. So i guess it's time to play the waiting game.


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## dellboy2

Just an update to let you all know that i have written a formal letter to the solicitor..And guess what 3 weeks later and still no reply, its like they are ignoring me.. any advice on what to do next?????.. By the way i know they got the letter because i hand delivered it as i thought this would be more formal to do it in person..


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## dereko1969

mf1 said:


> Here's a suggestion.
> 
> Go into the Probate Office and ask for a copy of the Inland Revenue Affidavit, filed by the executors in your late mother's estate. As a family member, you will be allowed to order a copy. There will be some nominal duty payable to order it. This should give you some idea of the value of the residue - it should list all the assets in the estate.
> 
> Is it possible that there is no residue? So, nothing to distribute? But why don't the executors just say so?
> 
> I'm baffled. But I suspect there is more to this query, and a big history, which might make the "alleged" behaviour of the executors easier to understand.
> 
> mf


 


dellboy2 said:


> Just an update to let you all know that i have written a formal letter to the solicitor..And guess what 3 weeks later and still no reply, its like they are ignoring me.. any advice on what to do next?????.. By the way i know they got the letter because i hand delivered it as i thought this would be more formal to do it in person..


 
Did you do as MF1 suggested? And get a copy of the Inland Revenue affidavit?


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## dellboy2

dereko1969 said:


> Did you do as MF1 suggested? And get a copy of the Inland Revenue affidavit?


I already have a copy and i know what the estate is worth!!.I did what people suggested and wrote to the solicitors but still haven't got a reply.I just want what is ritefully mine but i seem to be coming up against a brick wall every time...


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## Bronte

After 2 weeks if you don't get a reply you should write again (and send it by registered post)


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## dellboy2

Bronte said:


> After 2 weeks if you don't get a reply you should write again (and send it by registered post)



And if i don't get get a reply(which i don't think i will)what could i do then?


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## dellboy2

update no.2.....no reply from solicitor after sending the letter again and by registered post.
Any Advice as to what to do next??


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## Padraigb

Ask the Law Society to intervene.


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## dellboy2

Update no.3... still waiting on the law society to get back to me.. have heard through my brother that the solicitors NEW excuse is that even though we've had the grant of probate now for nearly 2 years the Inland revenue are looking into how my father paid for a house he bought..(remember we are dealing with my mothers will now.My father left everything to my mother 6yrs ago.). Can that be so???..I,m getting to the stage that i am thinking of going to the solicitors office and sitting there untill i get whats mine as i seem to be banging my head up against a brick wall getting nowhere!!


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## Vanilla

Could it be true? Yes, I have found a huge increase in Revenue audits of estates recently when applying for clearance from the Income Tax office. They normally send a letter to the solicitor stating that the estate cannot be distributed until they advise they are satisfied with the schedule of assets and give a letter of clearance. Having said that, one would have to wonder why a delay of 2 years-that seems wholly excessive. Why not contact Revenue directly?


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## dellboy2

Vanilla said:


> Could it be true? Yes, I have found a huge increase in Revenue audits of estates recently when applying for clearance from the Income Tax office. They normally send a letter to the solicitor stating that the estate cannot be distributed until they advise they are satisfied with the schedule of assets and give a letter of clearance. Having said that, one would have to wonder why a delay of 2 years-that seems wholly excessive. Why not contact Revenue directly?



I would contact Revenue myself but i am told the won't speak to me as i am not an Executor. The solicitor is now dealing with my Mothers will not my Fathers will.If revenue had a problem with my Fathers assets,should they not have had that problem when my Fathers will was being allocated to my Mother?.By the way Thanks for all your replies,It seems this is the only place i can get any real answers so thanks one and all again


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## mercman

PLUS OP you are entitled to Interest on your legacy the amount being calculated one year after the date of death.

You need to find yourself a solicitor. If you do not have the money offer them a promissory note for the payment of their fees after all is done.


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## dellboy2

UpDate..Still no contact with Solicitors(nothing new there).Revenue refuse to speak to me as i am not an Executor or a Solicitor acting on behalf of the Executor. Have been in contact with some law firms but they are hesitant about a promissory note.Really getting annoyed with the whole system. Is there any one out there than help me with my situation?.


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## dellboy2

Hey All, 

I have had eventual contact from the solicitors who tell me that everything has been sorted and that i should be getting my inheritance soon. 

But i have a question or two i could do with some help answering.

Firstly i have recently found out that on being left the family business my brother was also giving a loan from the estate of over 15k which three of the family knew nothing about, so my question is. Can this be allowed there are eight siblings and i would have thought we all would have had to sanctioned this? 

Question two is when grant of probate was issued I was told the estate was shall we say 385K. So my question on that is does that include property that was given to family members including a business two houses and 13.5 acres of land. If so even in this climate i would of thought the business was worth ten times that alone as our business while yes it took a little fall like everything else the last few years it did not and will not take a big hit. I know the business inside out (i should do i had been taking out of school at thirteen to help set it up and ran it for many years after) and i know what i could make weekly/ monthly/yearly.

Any help out there?


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## Seagull

You probably need to ask the solicitor whether the business was included in the estate, what value was put on it, and how that value was determined.


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## terrysgirl33

I would think if something was given away, then it is gone, and forms no part of the estate as your mother no longer owned it at the time of her death.

Sorry you are having such a difficult time.


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