Grant of Probate issued 1.5years ago still haven't received inheritance.

[dellboy2]

Any one know about Wills, i have a problem where i am named as a beneficiary in my late mothers Will,the Grant of Probate was issued over a year and a half ago but still i haven't received any inheritance. My sister and the solicitors are the Executors but both refuse to speak to me and let me know what is going on.I have told the solicitor that i am going to report him to the law society and i will do it,but i need some advice first..So can anyone help me.I don't have the money to get a solicitor of my own.......Please help!!

 

[Deiseblue]

Any one know about Wills, i have a problem where i am named as a beneficiary in my late mothers Will,the Grant of Probate was issued over a year and a half ago but still i haven't received any inheritance. My sister and the solicitors are the Executors but both refuse to speak to me and let me know what is going on.I have told the solicitor that i am going to report him to the law society and i will do it,but i need some advice first..So can anyone help me.I don't have the money to get a solicitor of my own.......Please help!!

Write to the Solicitor & copy the letter to the other Executor - your sister.

In the letter state that as the Executor's year ( this refers to the time frame in which one can reasonably assume that the Estate can be finalised ) has now passed since the Grant issued you are now seeking not only your inheritance but accrued interest on same .

This should provoke a response - better to write than phone.

 

[Padraigb]

... In the letter state that as the Executor's year ( this refers to the time frame in which one can reasonably assume that the Estate can be finalised ) has now passed since the Grant issued you are now seeking not only your inheritance but accrued interest on same ...

That's a little off the mark. The legal position is set out S.62 of the Succession Act, 1965:

The personal representatives of a deceased person shall distribute his estate as soon after his death as is reasonably practicable having regard to the nature of the estate, the manner in which it is required to be distributed and all other relevant circumstances, but proceedings against the personal representatives in respect of their failure to distribute shall not, without leave of the court, be brought before the expiration of one year from the date of the death of the deceased.

[Emphasis mine.]

The executor's year is a minimum time during which a beneficiary is precluded from taking action, but a longer period might be reasonable. It might reasonable to take longer if, for example, there is a property to be sold and the market is very difficult.

It may be a deficiency in the law that the executor is not required to inform beneficiaries on progress, but that is how it is.

But it is quite reasonable to write formally to both executors saying that it appears that distribution should be due as provided for under the Succession Act, and asking when it will happen. That puts some kind of onus on them to tell you how things stand.

 

[Deiseblue]

I am aware of the fact that the question of finalising the administration may not be straightforward but the OP is endeavouring to provoke a response & I believe that if he follows my suggestion he may very well succeed , a progress report is the least that can be expected.

 

[dellboy2]

Write to the Solicitor & copy the letter to the other Executor - your sister.

In the letter state that as the Executor's year ( this refers to the time frame in which one can reasonably assume that the Estate can be finalised ) has now passed since the Grant issued you are now seeking not only your inheritance but accrued interest on same .

This should provoke a response - better to write than phone.

the only words i've had from the solicitor was that they were waiting on revenue to get back to them (why i don't know because he told me he only wanted to deal with my sister and not anyone else)as far i knew once grant of probate was issued the estate would be divided am i right??.... by the way thanks for your help.

 

[dellboy2]

That's a little off the mark. The legal position is set out S.62 of the Succession Act, 1965:

[Emphasis mine.]

The executor's year is a minimum time during which a beneficiary is precluded from taking action, but a longer period might be reasonable. It might reasonable to take longer if, for example, there is a property to be sold and the market is very difficult.

It may be a deficiency in the law that the executor is not required to inform beneficiaries on progress, but that is how it is.

But it is quite reasonable to write formally to both executors saying that it appears that distribution should be due as provided for under the Succession Act, and asking when it will happen. That puts some kind of onus on them to tell you how things stand.

all properties have been accounted for my brother was left the buisness,my sister the house and the rest of the assets to be distributed equally amongst all children living at the time of her death

 

[Padraigb]

If your brother is now installed in the business and your sister is living in the house, then you have some right (not clearly underpinned in law) to get an explanation of why the residue has not been distributed. There might be adequate reasons, such as trying to get liability to income tax agreed.

So perhaps you should write in formal tone to the executors, referring to S.62 of the Succession Act, and asking when a distribution can be expected.

 

[dellboy2]

If your brother is now installed in the business and your sister is living in the house, then you have some right (not clearly underpinned in law) to get an explanation of why the residue has not been distributed. There might be adequate reasons, such as trying to get liability to income tax agreed.

So perhaps you should write in formal tone to the executors, referring to S.62 of the Succession Act, and asking when a distribution can be expected.

Thanks for the help!! while i am on here can i ask another question.. As my sister was left the house does that include the contents? why i ask is that in my fathers time there were items in the house that were of no value but were promised to other members of the family to which they have never to this day received!!

 

[Padraigb]

Health warning first: I am not a legal professional, but have acted as executor. Maybe one of our practitioners will turn up and advise.

My view is that a bequest of a house does not include the contents unless the will says so (and a solicitor drawing up a will for a client might suggest that the contents be also mentioned in the bequest, so you would need to see the wording of the will).

Promises made before death normally have no legal standing.

 

[ajapale]

What does your solicitor advise?

 

[Padraigb]

What does your solicitor advise?

OP said that he can't afford to pay a solicitor.

 

[beffers]

Some citizens information offices offer free legal advice on set days of the week. You may have to wait to make an appointment, as opposed to walking in and seeing some one straight away. There is no guarantee that the person the OP's sees will a specialist in the field of Wills or Probate law, but it could be an option for the OP.

 

[mf1]

It would be extremely helpful if OP would clarify why he thinks it is that both his sister and the other executor refuse to talk to him. There can be many reasons for this.

It is also helpful to remember that posters have a habit of not filling in the background to their tale of woe which very often, after some judicious prodding, turns out to be very relevant and very telling.

mf

 

[dellboy2]

Speaking to my sister was never an option so it was true solicitors i had to get what very little information i had.So i went to see him the other day and he started to get narky with me and my brother telling us that he would no longer speak to us he would only speak to the other Executor which happens to be my sister. Myself, my brother have not spoken to either my sister or my other brother in over 8 years. I can fill in any background question you need if asked.

 

[mf1]

Here's a suggestion.

Go into the Probate Office and ask for a copy of the Inland Revenue Affidavit, filed by the executors in your late mother's estate. As a family member, you will be allowed to order a copy. There will be some nominal duty payable to order it. This should give you some idea of the value of the residue - it should list all the assets in the estate.

Is it possible that there is no residue? So, nothing to distribute? But why don't the executors just say so?

I'm baffled. But I suspect there is more to this query, and a big history, which might make the "alleged" behaviour of the executors easier to understand.

mf

 

[Roamer808]

The Revenue Affidavit end of things is part of the probate and is done BEFORE the Grant of Probate is given, there is no exception to this.
So the excuse from the solicitor that he is waiting for Revenue is waffle.
If you ring the Probate Office they are very helpful. You can also call in to them.

Sorry to hear it went messy. Background history should not be considered when you are a legal heir.
But families are families.

 

[Padraigb]

The Revenue Affidavit end of things is part of the probate and is done BEFORE the Grant of Probate is given, there is no exception to this.
So the excuse from the solicitor that he is waiting for Revenue is waffle....

Not necessarily. An executor might have to deal with the Revenue Commissioners on other matters. There might have been income tax underpaid or overpaid at date of death; there might have been income earned during the administration of the estate; there might be issues related to the business that was left to OP's brother.

 

[itsallwrong]

Agreed that there may be issues to the persons inheriting from the estate or additional income, the Grant of Probate is not granted unless the Revenue have been made happy. The Affidavit is stamped and returned to the Probate in order for the Grant to be completed.
Any issues to persons or businesses are dealt with before Grant is given.
Otherwise you then have the money and they don't.

The OP tells us the Grant was issued a year and a half ago, so the Revenue are happy or arrangements have been made concerning any issues - which still doesn't explain why he still has heard nothing after 1.5 years..

 

[Vanilla]

The OP tells us the Grant was issued a year and a half ago, so the Revenue are happy or arrangements have been made concerning any issues - which still doesn't explain why he still has heard nothing after 1.5 years..

Not true. Revenue audits/CAT/Income tax issues are dealt with AFTER the grant issues. All that happens prior to the grant issuing is that the Schedule of Assets is filed with the probate office who send one copy to the Revenue. Probate office then issues the grant without reference to revenue. Revenue will then proceed, some time later, to deal with any outstanding issues.

What assets are in the estate? Cash? Property? What is OP getting?

 

[dellboy2]

Not true. Revenue audits/CAT/Income tax issues are dealt with AFTER the grant issues. All that happens prior to the grant issuing is that the Schedule of Assets is filed with the probate office who send one copy to the Revenue. Probate office then issues the grant without reference to revenue. Revenue will then proceed, some time later, to deal with any outstanding issues.

What assets are in the estate? Cash? Property? What is OP getting?

There were cash and properties. The properties were left to my brother and sister and they are still in line for a cash payout also.My sister has already put the family home up for sale. The will was made with my sister being present behind me and my other brother's back just a month and a half before my mother's death knowing that my mother was dying from cancer and being heavily dependant on medication.