Grandparent to child (now deceased) inheritance

[MrMister]

Hello,

My grandmother passed away late last year and my father early this year.
My grandmother left a cash gift to my aunts and father, my aunt was the executor and probate has only been granted. My father left a will to me as the executor and sole beneficiary of his estate. He did not have any assests except the gift from his late mother (my grandmother) which sadly he never lived long enough to inherit.

So my question is,

Do I need to apply for a grant of probate for my late fathers estate
so my aunt can issue a cheque to his estate (bank account)

Or

Can my aunt (executor of my grandmothers will) simply write a cheque
directly to me as I am the sole benficiary of my late fathers will,
bypassing the requirement for probate? (i.e Will the bank allow this?)

I believe all I will need to do then is complete a revenue form to prove no tax is owing, i.e (The amount is well below Inheritance Tax Threshold)

Thanks

 

[dazza21ie]

Your aunt will be able to any monies in your grandmother's estate released by producing the Grant of Probate for your Grandmother's estate. She would then be obliged to distribute the money according to your Grandmother's will. As your father has since died his share would go under his will to you. Strictly speaking a will should be proved before it becomes operative i.e. probate of a will should be taken out to prove the will. It therefore would depend on your aunt and her advisers as to whether it is necessary for you to take out a Grant of Probate. If they are satisfied with a copy of your father's will to pay the money to you then this would mean you do not have to take out a Grant.

With regard to the tax implications if the amount is well within the relevant Threshold then there is nothing for you to do. You are only obliged to file a tax return if you have used up 80% or more of your threshold (including previous gifts or inheritances). You cannot get a clearance certificate from Revenue in respect of Inheritance Tax anymore.

 

[MrMister]

Hi Dazza,

Firstly thank you very much for your reply, it has been very difficult to find an answer to this question.*

My aunt has completed my late grandmothers probate with the help of the probate officer and probate was recently granted.*

My aunt suggested she could write a cheque directly to me as she now has the executor cheque book.

Do you think the bank may have an issue with there been no probate extracted for my late fathers estate?Or is it a case that they are no longer concerned with who the executor now writes the cheques to as my late grandmothers probate was granted?

You got me thinking that simply furnishing the bank with an original copy of my late fathers Will may suffice for releasing his share to me.*

Thanks

Mister