# lenght of time to probate will?



## Brianne (17 Nov 2008)

I apologise in advance if this has already been answered. How long on average does it take to probate a will where the only asset is a house? Have heard some horror stories of delays and wondering why should there be long delays in what appears to be a straightforward situation? Just would like to know as understand that house can not be sold until probate is finished and one of the people involved is anxious to start new like abroad and would like to have an idea of the time involved as this would be helpful when making plans.Many thanks in advance.


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## dazza21ie (17 Nov 2008)

I would normally give people a time frame of around six months for probate to issue. Sometimes it can be done quicker and other times it can take alot longer. 

A sale of a property will not be completed until probate issues but there is nothing to stop putting the property up for sale and making any contracts subject to probate issuing. If anything this will concentrate minds more and might lead to the Grant issuing quicker.


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## Simeon (17 Nov 2008)

Received the final cheque of a will - which has been going on for about seven years. Just the house which went for E190. The same solicitor was recently censured by the Bar council for (1) acting for the vendor and buyer [he was both the vendor, developer and partner in the building]. His get-out clause was that I was holding up the proceedings by not answering a letter which he had sent. [This was sent to ............ Sq instead of ...........Rd. He had my real address in his hard drive for years. Eventually, after I realised what was going on I sent him a recorded delivery note asking him if he would like "five people with placards standing outside your office door one month from next Monday". That did the trick ......... cheques to all involved three weeks later. It may be coincidence but I've been awarded the kudos among the grateful relatives (gentle souls)!


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## dazza21ie (17 Nov 2008)

Surely one incorrectly addressed letter didn't cause 7 years of a delay?


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## Vanilla (17 Nov 2008)

I find it highly unlikely that a solicitor was responsible for dragging out a simple probate with one house for 7 years. I think it is much more likely that there were complications either with the will/beneficiaries or title. Pretty much anyone who has been following the current news over the past few weeks will know who you are referring to and I think it is unfair to levy further accusations at this person without telling the full story.


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## Brianne (18 Nov 2008)

So, one should expect a time frame of approx 6 months or so when there are no problems with title or beneficiaries.........thanks to those who replied.


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## Ireland.1 (18 Nov 2008)

What Simone is saying is correct.  I know of a case that has been on-going for three years now.  

Initially there were hitches but they have been sorted.  The solicitor was told that the Law Society would be informed.  So let’s just say things started to move.


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## Dinarius (8 Mar 2009)

A relative of mine was named in his Aunt's will. His Aunt died in the autumn of 2007. My relative received his inheritance in November 2008.

The inheritance comprised (you guessed it!) shares in BofI, AIB and Anglo Irish Bank.

Unfortunately, the vast majority of his Aunt's holdings were in Anglo. The holdings in the other two banks were small by comparison.

Due to the fact that probate took 14 months (despite the fact that there really was nothing to it and nothing was disputed), my relative's inheritance plunged from a large mortgage clearing amount to the cost of a decent holiday. 

I'm guessing there is nothing that can be done about this, but I'd like to be told that this is so.

Many thanks.

D.


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## MOB (9 Mar 2009)

No, there is nothing can be done.  After all, if they had gone up in value, the beneficiary would not be happy to receive only the date of death figure.  

A beneficiary could, in theory, buy some sort of CFD to hedge (at a cost) some or all of the risk of a share portfolio going south between date of death and date of distribution.  For a substantial share portfolio this is perhaps an option worth considering.  I don't think an executor could be regarded as having a duty to undertake this sort of exercise on behalf of the estate.


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