Issues Regarding a Will

Hi all,

my father is the executor to his late parents will. His father died in November 2000 and his mother only two years ago. There are eight remaining children. My father is the main beneficiary from his parents estate which is causing some unease amonst his siblings. However the main problem at the moment is his solicitor or rather my granparents elected solicitor. Things are draggging their heels to say the least so my father came to me to lend a helping hand.

My Granfather never made a will so the estate went into probate. I believe this is a process whereby the solicitor along with the probate office issue letters of administration to examine what is the remaining estate, its value and who the beneificaries are. That's my rough understanding of it. In this case there was a wife and eight children. My Granmother gets 2/3's and 1/3 is to be divded up between the subject - his children. Now my Granmother made a proper will and just divded up the entire estate as she saw fit. As stated earlier my father is the main beneficiary. So strictly speaking the disputes are arising from my Granmother's will, but when I phoned the probate office not even an application was lodged to sort out my Granfathers end of things. When I contacted my fathers solicitor with regard to this he said that due to ongoing disputes my Granfathers application was lodged and withdrawn twice on my fathers instructions. My father has no memory of ever asking him to do this. but why on earth would it be necessary for my Granfathers application to be withdrawn based on disputes arising from my Granmothers will. Surely my Granfathers application is just a matter of process - that is just to examine the estate and who the beneficiaries are? In other words should my Granfather application not be treated seperately from my Granmothers? I am meeting the solicitor this week so I want to gather as much background information as possible.

It could very well be that there is a dispute (inter familias ) as to who should extract the Grant of Administration to your Grandfathers Estate. Until that is dealt with, no-one can deal with your Grandmothers Estate. And as there is obviously considerable bad feeling, this may all take time.

Ask the solicitor to outline precisely (a) what steps need to be taken in each estate (b) what difficulties he is encountering and (c) what advices he is giving your father. Ask for a time frame ( assuming no difficulties) to complete and the approximate costs ( details of which should have already issued).

mf

you can of course deal with the probate yourself or your dad..
contact the local probate office and explain your situation.. if it's straight forwad enough ie no farms or extra properties then they will talk you through it.
a family member did it recently for their fathers will and the probate office were very helpful.. i believe it's only the solicitors that they do not like to help and they do have a public duty to perform.

have a look at www.revenue.ie and search for probate.
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you could tell the solicitor to feck off and save a good few grand in the process

"you can of course deal with the probate yourself or your dad.."

Absolutely - if it is straightforward and there are no issues - which does not seem to be the case here.

"and the probate office were very helpful."

They are very helpful - but they do not offer legal advice nor will they enquire beyond what they are told so it is very easy for an incorrect Grant to issue which may subsequently need to be amended.

"i believe it's only the solicitors that they do not like to help "

Not true - they are unfailingly helpful.

"you could tell the solicitor to feck off and save a good few grand in the process"

True - or end up with a horrible mess.

Mind you if the current solicitor is not dealing with it properly ( and remember, we never get the full picture here) then moving to someone else or indeed doing it themselves may be the option.

mf

mf1 said:

It could very well be that there is a dispute (inter familias ) as to who should extract the Grant of Administration to your Grandfathers Estate.
mf

Click to expand...

I assume you mean that members of the family object to my father being executor of the will? No this is not the case. Is there any other pausible reason why my Granfathers application has not been processed 7 years on?

mf1..
points taken and i should ahve been a bit more specific but what i said was based on conversations with 2 solicitor friends.. but when our family member went about doing it themsleves the probate offce were excellent and did point them in the right directions when needed and advised a little without advising if u know what i mean

Is there any other pausible reason why my Granfathers application has not been processed 7 years on?


"Ask the solicitor to outline precisely (a) what steps need to be taken in each estate (b) what difficulties he is encountering and (c) what advices he is giving your father. Ask for a time frame ( assuming no difficulties) to complete and the approximate costs ( details of which should have already issued). "

It really is not possible to do anything more than speculate. You really do have to ask the solicitor.

mf

also can i add.if you need to talk to the solicitor that you ensure they understand that your dad has asked you to help him otherwise they will not discuss the matter with you.. if you are going to see them then you will need to bring the father along with you