Cross-border estate being maladministered

Pmc365

Registered User
Messages
276
Hi,
My late aunt passed away. She emigrated to England as a professional woman in 1960s. She worked and lived in England until her recent death. She made an English will for English assets but no will for Irish assets comprising substantial cash investments.
I believe as my aunt had a Domicile of Choice in England that her movable Irish assets should be administered according to the intestacy rules of her Domicile I.e English Law. My aunts worldwide Assets were subject to UK IHT under English tax law deeming a Domicile in England under tax law. I would be entitled to a far greater share under English Intestacy rules as I would inherit Per stripes my late mother's share whereas under s.69(2) of Succession Act , 1965 I would get a far less per Capita share.
A relative is acting as administrator. He is not to be trusted and the solicitor who has a large practice initially advised me I would be getting a quarter share but I received a cheque for one thirteenth as she said she made mistake and the Solicitor is attempting to distribute the estate I believe erroneously under Irish Law whereas due to lex domicilli rules under the Conflict of Laws between U.K. and ROI I believe English intestacy rules apply as relative Domiciled in England. I pointed out error to Solicitor and asked her not to make any more distribution. Some cheques were sent overpaying beneficiaries. The Solicitor hasn't yet conceded my interpretation of Law is correct as this only happened very recently.
What do I do to stop this before it's too late. I understand I have six months from grant of Administration to sue but would prefer not to sue only as last resort. I am down a huge amount of money about €60,000. Any suggestions would be greatly appreciated. Perhaps a private message could suggest a good Solicitor specialising in these matters. Thank you very much.
 
Last edited:
A relative is acting as administrator. He is not to be trusted and the solicitor who has a large practice initially advised me I would be getting a quarter share but I received a cheque for one thirteenth

You might get some ideas on Askaboutmoney but the reality is that you need to talk to a solicitor as soon as possible. Most solicitors do this sort of work, so I don't think a specialist is required.

Brendan
 
Thank you for the reply Brendan. I will of course consult a Solicitor. I have written to the Solicitor acting for the Administrator. The trouble is it seems to me this is less common cross- border estate which many solicitors would probably be unfamiliar with the intricacies of Private International law. I was also wondering if the Administration bond the administrators must obtain covers such errors in Administration of Estates.
 
Just because the English will did not mention the Irish assets does not mean they are not covered. By definition, the will covers ALL assets., wherever located.
No there was a clause to state a separate will would be drawn up to deal with assets outside England but this was never drawn up. I know what I'm talking about when I say there was an intestacy.
 
Back
Top