Executor to wills

N

naomigold

Registered User
Messages
2
I have a question my sister is Executor to my mum's will . My mum passed away in December and I have just found out my sister has just had my mum's house cleared out I only found this out because I texted her to say that there was some things of mine left at my mothers house only to find out everything has gone . is there anything I can do about this as there was some things of mine as well of photos of me and my son at my mums house but everything has been taken during the house clearance. Am I allowed to have a copy of the will and could she be done for theft.
 
Once The Grant of Probate has issued anyone can view the Will as it’s a public document.
The Executor is not obliged to show anyone the Will but if you are a beneficiary the Executor is obliged to confirm this to you quoting the relevant passage from the Will , perhaps you could inform your sister of this stipulation ?
The Executor is empowered to collect the assets of the Estate & the house contents form part of such assets , the Executor must however account for such assets in the final administration accounts.
 
...beneficiary the Executor is obliged to confirm this to you quoting the relevant passage from the Will
Click to expand...
Are you stating this is before or after Grant of Probate? If before, can you provide your supporting evidence for this?
 
Unfortunately a common problem when there are tension between siblings. Given that it's so recent I would suggest she may be bluffing. Can you get a key to the house or visit and look through the windows to see if all is cleared ? On the flip side, when my family had to 'clear' our mother's house for the sale process it took over six months and long days of all member's helping to clear it. If someone had have told me first that they would look after clearing the house I would have been delighted to be honest even at the cost of a few memories.
 
To answer your question, if the things are gone, they are gone.

Do you really want to sue your sister for theft?

I had to clear three different properties; it took the best part of 6 months.

I also had an 'open' evening and invited family and friends to call and take any memento they might like to have. These were chiefly music, books, pictures etc., items of sentimental value only.
 
probate had been granted I am a benficary to the will. I jus needed to know were I stood when it came to my personal effects that had been at my mothers house like personal photos of me and my son. I am just upset that these have been taken during the house clearance I cant get down to my mums house as I am housebound so I can not check to see if it has been cleared.
 
Sorry, I was basing my post on the fact that your mother died in December 2017 which is clearly not the case.
 
Once a Grant of Probate has issued the will to which it relates becomes a publicly available document.

The executor is obliged to deal with the estate in accordance with the provisions of the will once admitted to probate. Curiously enough, I do not know if there is an obligation on an executor to give a copy of the will to any beneficiary. At a practical level it seems very silly indeed that an executor would not give a copy [after probate granted] to a sibling beneficiary but that is human nature for you !

If your sister will not give you a copy of the will I suggest that you get a copy from the Probate Office. There is a small fee (€10 or so ?). Link [broken link removed]
If there is a trust problem I would like to have my own "official" copy of the truth !!

As regards your property that was disposed of your sister seems to have been high-handed. I don't see that her conduct might rise to the level of theft as there is room for ambiguity to argue her way out of it. However, I think that she has effectively "converted" (tort of conversion which is not a criminal offence) your goods and she needs to be put straight by you about that.

P.S. Suing for conversion on the facts outlined would probably be something of a punitive expedition to nowhere. I am particularly mindful that the items are sentimentally important and that no money will make up their loss. However, your sister needs to have her ear bent by you on the specific issue of conversion and she ought to do something to make amends to you for her unkind conduct.
 
Last edited:
"I am just upset that these have been taken during the house clearance"

Very understandable; have a conversation with your sister, don't let the situation deteriorate.
 
You must log in or register to reply here.
Back
Top