Executor & beneficiary of will. DIY Probate. Informing solicitors and related issues.

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dave_brent

Registered User
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26
Hi Guys,

I habe been appointed executor of a will and also a beneficiary.

I am aware that I must make an appointment with the probate office. I am fairly confident I can fill out all the necessary forms etc. and follow the necessary steps.

My concern is with the solicitor the will was held under has taken an "assumption" that she will carry out the next steps for me. Having read others comments on this site that it seems fairly straightforward and cost saving to do it yourself. In regard to CAT aswell, I understand these are also straight forward.

I have given this solicitor of the deceased no instruction to carry out any work from the outset in the execution of the will (i.e in regard to a Probate, CAT etc.). Is this the normal procedure a solictor would assume, or am I missing steps they must undertake on behalf of the deceased.

My concern is I will be footed with a large bill.

Any advice guys would help...

Cheers
 
Re: Probate

Just write to the solicitor and explain that you are the executor and that you intend to collect the original will. Confirm that you will telephone in a day or so to make an appointment. Or ask that she telephone you to arrange same. Its not a good idea to post original wills and in any event she will need you to sign a confirmation that you have taken the original.

mf
 
Re: Probate

I have the original will... I have contacted all parties involved...I suppose is my responsibility to get a probate for all beneficiareis of the will or just for myself.... I am unclear where my role ends..
 
Re: Probate

dave_brent said:
I have the original will... I have contacted all parties involved...I suppose is my responsibility to get a probate for all beneficiareis of the will or just for myself.... I am unclear where my role ends..
Click to expand...

That post worries me.

I have been through the DIY probate process in the past, and am currently undertaking another. Your post suggests to me that you are not clear on what exactly probate is. It's by no means impossibly difficult, but you need to understand things clearly, be very careful, and expect to do a good deal of work.

Have you done any research into what is involved? Some initial reading:
http://www.citizensinformation.ie/c...seds-estate/dealing_with_the_deceaseds_estate
[broken link removed]
http://www.revenue.ie/en/personal/circumstances/bereavement/executors.html
http://www.irishstatutebook.ie/1965/en/act/pub/0027/index.html
 
Re: Probate

If the will is straightforward then do it yourself. The most helpful and useful resource is the Probate Office themselves. Start there. I'm dealing with the one in Galway and they really couldn't be nicer or more helpful.
 
Re: Probate

the will seems is really straight forward...how much does it cost, I mean how much does the Probate Office.The solicitor has quoted me 2400 euro for a probate on a 100,000 euro valued house. Seems very expensive, if DIY could I save much on this figure... I am awaiting forms etc from the Probate Office..
 
Re: Probate

There is a [broken link removed], based on the net value of the estate. The net value is value of property plus bank accounts minus debts.

If the net value is €100,000 then the fee is €120. There are two oaths which will cost a further €20. So you are looking at €140 in total.

All the forms you will need are on the courts.ie, but as I said the Probate Office are very helpful.
 
Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss

The much maligned Public Servants who work in the Probate Office are excellent. If the will is straightforward and you have all necesary documents this should be an easy task. The Probate Office staff will assist if needed.
While going through the same process my Solicitor said that he was obliged to inform me of the option of doing the Probate work myself at a far more reasonable cost that he would.
It is a good experience and you should just notify your solicitor that you are doing the work
 
Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss

have decided to go the diy way myself for probate.
looking at the form for the revenue affidavit it looks for a sworn declaration .
can this be a peace commisioner or is this different from a commisioner of oaths?
are the revenue very strict about this
 
Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss

Sounds like you haven't been in touch with your local Probate Office!

The affidavit is usually sworn in their office along with the executor's oath. (Probate can't proceed without the revenue affidavit)
 
Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss

Have been in touch told me to get revenue affidavit fill it out take to capital taxes section where it would be checked (or what ever they do) this turn around is about a week.
Fillout an application for probate and would be given an appointment.
This is a district office and they advised to do it this way to make it easier and simpler.
Presuming the form c.a.24 has to be filled out in full and the declaration is part 2.
This has to be witnessed by a commisioner of oaths/practising solictor/court clerk.
So wondering is there a difference
 
Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss

No difference. Can be done by your nearest solicitor. My district probate office advised me to swear CA24 in their office when swearing the executor's oath as I could do everything under one roof.
 
Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss

ok guys got a quote from the solicitor... the quote is 3% of the estate.. i suppose my question is: is this 3% of the inheritance to each beneficiar:

for example:

a house valued at 200000, the person inherititin the house will have to pay 3% of this value

if another person receives 50000 euro in a bank account, then they will be charged 3% of this.

I being an executor is a little unsure of how the fee breaks down, surely the executor is not responsible for the entire sum
 
Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss

also having looked at revenue site. I notice something else I may be entitled to. I have lived in the house I will inherit for the past 5 years with the now deceased owner.

The link http://www.revenue.ie/en/tax/cat/gift-inheritance.html

A dwelling house taken as a gift or inheritance is exempt in certain circumstances.

See [broken link removed]
In addition to the exemptions, various reliefs, which are subject to certain conditions being satisfied.

Anybody any experience on this..
 
Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss

How did the quote go from 2400 in post 6 to 3% in post 15?

3% of any reasonable estate sounds like a lot of money and you can definitely do better - unless there are serious complications. Given that you are really struggling with the basic concepts, I am not at all sure you should attempt this yourself.

3% of what? Each of the beneficiaries does not pay 3 % of their benefit. The executor is responsible for fees and they come off the top of the gross estate.

mf
 
Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss

dave_brent said:
ok guys got a quote from the solicitor... the quote is 3% of the estate.. i suppose my question is: is this 3% of the inheritance to each beneficiar:...
Click to expand...

It's 3% of the estate. That means it is paid independently of bequests. If somebody is to get the house, that person still gets the house; if someone is to be given €10,000, then that person still gets €10,000.

In effect, the fees are deducted from the residue. That means that the person or persons who are to receive the residue get less.
 
Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss

mf1 said:
... Given that you are really struggling with the basic concepts, I am not at all sure you should attempt this yourself...
Click to expand...

As a non-professional in the area, I endorse what mf1 says (just adding my lay opinion in case you think mf1 has a professional bias).
 
Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss

Thanks guys for your replies, I never had any experience of this at all and trying to get my head around it... I got the 2400 quote of a another solicitor (not the solicitor who holds the will) the solicitor with whom the will was made with just sent me a quote of 3% of the estate..

thanks Padraigb, so effectively whoever picks up the residue will pay up the 3% of this residue...

The solicitor who holds the will, I dont particulary like nor trust, I have been in contact with them, their communication and willingness to explain the procedure is frustrating to say the least. Thanks again for the help guys...
 
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Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss

I will go with a professional service, but at the minute I am trying educate myself in the procedures, in previous post I am finding the solictor with whom the will was made particulary frustrating..
 
Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss

dave_brent said:
I will go with a professional service, but at the minute I am trying educate myself in the procedures, in previous post I am finding the solictor with whom the will was made particulary frustrating..
Click to expand...

Just a thought. Some clients can be very frustrating to deal with. To the extent that you ask them to go elsewhere.

mf
 
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