It was a self-made will, without advice from a solicitor
I haven't yet taken legal advice. I'm hoping to avoid a lot of legal expenses and resolve matters out of court. My uncle's solicitor, who is acting on behalf of my sister, is alleging that I don't have any rights in relation to the property.What does your solicitor say?
The executors are friends of my late aunt. They've taken a very hands-off approach. My aunt died 9 years ago, and probate was granted within a year of her death.Who is the executor? Has probate been granted?
This strikes me as very helpful advice, thank you!Perhaps you should register a lis pendens with the property registration authority if you sue. The author of the will ( testatrix) intended to create a right of residence. Perhaps you should enter a Caveat in the Probate Office ( costing about €50) to stop the personal representative taking out probate as a first step. Then seek out the advice of a good solicitor and if in doubt obtain an opinion of a good Barrister's specialising in wills on the validity of this clause. It seems to me this is a right of residence and if valid your sister will have to financially compensate you for its loss before she could sell the property. The right of residence should be registered as a burden on the title deed / land certificate.
My aunt died 9 years ago, and probate was granted within a year of her death.
In actual fact my sister lives in a different city and uses the house not more than a couple of days a month.Your aunt died 9 years ago and your sister moved into the house and has lived there for 9 years?
In actual fact my sister lives in a different city and uses the house not more than a couple of days a month.
Some very helpful points made, thank you!From a litigation base I would say that you are in a strong position as long as your right is registered. However there will be legal costs if you end up in the Circuit Court. And certainly if the right is not registered you will need to get the Probate Office to explain and get the property registration updated promptly.
p.s. I find the Probate Office one of the more efficient sections of the civil/public services. I would be confident that any burdens on a property would be noted and accounted for in dealings between them and the Land Registry
Indeed I have just checked the Register of Land Ownership online and found that the right of access has not been registered. I'll get in touch with the Probate Office to see what steps I need to take to have the right registered.if the right is not registered you will need to get the Probate Office to explain and get the property registration updated promptly.
Unfortunately my sister is avoiding acknowledging that I have any rights in relation to the property, and is not open to mediation.It sounds as if your sister is not willing to negotiate on this.
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