# 3 Year delay in executing a Will



## Monte2014 (27 Dec 2020)

I am aware of a situation where a person died three years ago. She made a Will and her assets consist of the family home, another house on the farm, a 100 acre farm, and circa €10k in her bank account. She left 10 acres to 4 siblings to be divided equally. She left the remaining 90 acres to 2 sons. One of the sons also received the family home where he has always lived. He also received the other house on the farm which has been vacant for a few years. The 2 sons who received the farm are executors of the will. However, 3 years have passed and the will still has not been executed. Don't ask why it has taken so long for this to happen but the 2 sons are very slow to act and the other family members are hesitant to push them.

In the meantime the farm has been rented to a farmer generating an income of circa €16k per annum. This money is deposited to the auctioneers bank account. One of the sons, who is one of the executors, asked the solicitor to withdraw €5k for him as he needed it to pay off a loan. The other son, who is also an executor, also asked for €3k. The auctioneer gave them the money. Is this permissible from the auctioneers perspective and from a legal perspective until the will goes into probate? In any case what happens this money and any farm rental income generated from the farm until the will is executed and probate is taken out? Does this pass on to the beneficiaries who receive the farm or does it remain with the deceased in her bank account and distributed among siblings?


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## Brendan Burgess (27 Dec 2020)

I am not a solicitor...

But I would imagine it would depend on where the will said that the residue should go. 

So if it said
"I leave 10 acres equally to ABC& D and the residue of my estate to E&F"  Then E&F will benefit from any rent received when probate is finally granted and the estate distributed. 

But if it said 
"I leave 10 acres to A,B,C& D, the farm to E& F, and the residue to be divided between all 6" then all 6 should benefit.

But whatever it said, the executors should not be distributing the estate until they have taken out probate. 

If the sons are the executors, the solicitor is acting only as their advisor and the auctioneer likewise.  

Brendan


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## Pinoy adventure (27 Dec 2020)

Brendan would there be any penalty for late probate being lodged ?


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## Brendan Burgess (27 Dec 2020)

I don't know. I have never heard of it.

Brendan


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## chippengael (9 Feb 2021)

My uncle died 5 years ago and I just found out last week that I am a beneficiary. A grant of probate has not yet been taken out. I am worried Revenue will apply penalties for non-payment of tax. The executor is also a solicitor so he knows what should be done. I am awaiting an explanation, but am considering legal options. It's going to be messy.


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## chippengael (26 Mar 2021)

What would it take to legally replace the Executor of a will who has deliberately delayed distributing the assets of an estate for over 5 years without telling some of the beneficiaries?


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## mf1 (26 Mar 2021)

You should talk to your own solicitor,  setting out all the relevant facts, and be guided  by them as to the appropriate action which may mean an application to Court to remove the current Executor. 

mf


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## Ravima (26 Mar 2021)

Agree with MF1. You can do it, it takes effort and expense. The expense will probably have to be paid by the Estate. You need a solicitor and then there is Application to High Court


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## chippengael (8 Sep 2021)

The executor has now offered to pay out the inheritance after 5 years. My solicitor (who has been working this from the beginning) has posed some questions about who will pay Revenue any penalties due to delays, not to mention any interest accrued over the 5 year period. No response so far.


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## Lambchops65 (8 Sep 2021)

My parents passed away and everything was left to me (the only child) and it still took over 2.5 years to go through probate.


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