Legal position where estate not settled

[eireguy29]

I was just wondering if anyone could provide information on the legal position if a deceased estate has not been settled nor broached with a solicitor 20 years after their death, meanwhile one sibling continues to farm the estate alone.

 

[mf1]

The estate is unadministered.

Anyone with an interest can decide whether to take any steps to administer the estate.

First stop would be a solicitor to be fully briefed and asked for advices.

mf

 

[Seagull]

I'd hate to think of the potential penalties when the estate is finally sorted out.

 

[DeeKie]

Someone sounds negligent in their duties

 

[eireguy29]

Thanks for the info, what would the potential tax penalties be from?

 

[mf1]

Capital Acquisitions Tax.

Capital Gains Tax.

Local Property Tax.

mf

 

[eireguy29]

Thanks

 

[Seagull]

Was this a case of someone dying without leaving a will, or the executor never bothering to execute the will?

 

[Curlywurly]

Thanks

My understanding is that Penalties and taxes may not become due unless a Grant of Representation has been extracted from the Probate Office. CAT is only payable if the beneficiaries exceed the allowable threshold relevant at the date of death. CAT generally only becomes due after the Grant issues from the Probate Office.
CGT only becomes due if the property is being disposed of and there is a gain made using the value at date of death as the base price.
LPT is payable by administrators of the estate from when it was introduced so it is possible that interest and penalties are payable at this stage. Can be discussed with Revenue first.
So therefore I think the situation re taxes and penalties owing depends greatly on whether the Grant of Representation has been extracted yet.
Legal advice is necessary especially regarding the position of the sibling who has farmed the land for the last 20 years.