Step by step guide to Acting as Executor

Thirsty said:
For bequests > €16k (there's a more exact figure, just can't recall it now off the top of my head), PPS numbers are entered into the CA24. If less than that, don't have to put in that detail. If beneficiary resides in Ireland, they are responsible for their own tax; doesn't come back to the executor. If beneficiary is resident abroad there's a different procedure, I've put that info in the the DIY Probate thread.
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Thanks that would help as I have an estate process starting and some of the beneficiary's live outside of Ireland. Also most of the beneficiary's will be above €16K.
 
ricta said:
still trying to get an answer to this



There seems to be some confusion in the Probate Service, the Dublin Office say that "a valuation by way of a sworn Affidavit is required in all cases where a property is greater than one acre", while my local District Registry are a bit puzzled by my query and asked me to send them in the standard Estate Agent valuation I got, to see if it is acceptable. The EA was also puzzled as to how he would give me a sworn valuation, he is used to the Probate Office sending him forms to swear after applications were lodged, but had never heard of it being done before the application was submitted.



A tip that might be useful: while the Probate Registry will give you two CA24's to fill out, and swear, before returning them with the application; I find it best to also download and print one to practise on. I guarantee you will want to change mistaken entries.
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Does anyone have any more clarification on the sworn property valuation requirement? Has anyone submitted a formal written valuation without a sworn affidavit and if so was it accepted? Is there any difference in this requirement between Probate Office (Dublin) and the district registry?

Also what kind of total would be put in for House Contents in the CA24? A probate solicitor told me that he usually puts in one thousand euro or less for contents (unless there are high value antiques or similar), pointing out that it is the value of the contents and not the replacement cost of the contents that’s relevant.
 
So for house contents I put in a nominal value of €500 (standard 3 bed semi). If it was a larger house then a higher figure might well be justified. And yes it's the potential sale value that's important; which for most used furniture is not high.

On the valuation side, I paid for EA valuations and presented those at the Probate meeting and it wasn't a problem.
 
Ten Four said:
Does anyone have any more clarification on the sworn property valuation requirement? Has anyone submitted a formal written valuation without a sworn affidavit and if so was it accepted? Is there any difference in this requirement between Probate Office (Dublin) and the district registry?

Also what kind of total would be put in for House Contents in the CA24? A probate solicitor told me that he usually puts in one thousand euro or less for contents (unless there are high value antiques or similar), pointing out that it is the value of the contents and not the replacement cost of the contents that’s relevant.
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Hi Ten Four,
for the properties greater than one acre, I downloaded a template (uploaded here) for Affidavit of Market Value and got the Estate Agent to sign them with their solicitor.
I listed the contents of the 3-bed semi with what I believed the items would fetch if sold, it totaled at about €1200.
Ricta
 

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Can an executor set up a trust for the beneficiaries of a will? The beneficiaries want a certain piece of property transferred in to the name of a trust. The executor would set up the trust but have no interest in the trust. The beneficiaries would be both trustees and beneficiaries.
 
ricta said:
Hi Ten Four,
for the properties greater than one acre, I downloaded a template (uploaded here) for Affidavit of Market Value and got the Estate Agent to sign them with their solicitor.
I listed the contents of the 3-bed semi with what I believed the items would fetch if sold, it totaled at about €1200.
Ricta
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Ricta,

Thanks for that.
What did you put in the following parts of the valuation affidavit:

“Description of Deceased Person”

Is this their occupation?

“on the date of swearing hereof”

can this be edited to:

“on the date of death hereof” ?

“This Affidavit is filed by:
Messrs.
This day of “

Is this the executor or the commissioner for oaths?

In the revenue affidavit CA24 what do you write in the section for house contents, is it just the words “household furniture” or do you have to list out everything eg “3 beds, 1 couch, 6 chairs, tables” etc
 
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Re house contents that's all you need to write 'General household goods' or similar unless you have valuable antiques/paintings you don't need to itemise them.
 
Does the proofed will that’s attached to the grant of probate document have to remain attached when presenting to banks etc or can it be separated?
 
Ten Four said:
Does the proofed will that’s attached to the grant of probate document have to remain attached when presenting to banks etc or can it be separated?
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When working in a bank years ago when Grants of Probate came in for noting i never saw a will attached
 
TenFour - I would leave all as is and not separate anything; once the Grant of Probate is done, the will is a public document anyway. If going into banks etc., ask them to copy it an give you back the original.
 
Thirsty said:
I would leave all as is and not separate anything;
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Reason I asked is once someone starts to bend or fold these things they end up looking untidy, I’ll leave as is and put in a plastic cover and they can photocopy probate through that.


Is folio transfer straight forward?
I rang PRAI, they say I need the following:

Form 17
Form 38 (witnessed by oath commissioner)
130 euro fee

Does that sound correct?
 
by 'folio transfer' do you mean property? via deed of assent? Yes it is pretty straightforward, for other reasons I got Soltr to do that part.
 
Thirsty said:
by 'folio transfer' do you mean property? via deed of assent?
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Yes it’s property folio, do you know which form your solicitor used?

Paragraph 2 reads:

“2. I/We assent to and apply for my/our registration as owner(s) of the property (if more than one person entitled, state whether taking as joint tenants or tenants in common and if taking as tenants in common, state the shares each transferee is taking)(subject to the burdens set out in the Schedule hereto, to the registration of which I hereby assent) (and subject to the subsisting unregistered rights referred to in said Schedule for the protection of which I assent to the entry of the following inhibition) (See Form 77).”

There are no burdens or any other changes (just name change). Can I just delete the rest of that paragraph after “I/We assent to and apply for my/our registration as owner(s) of the property”? and remove the schedule below paragraph 3?

Link to form (prefix with prai.ie): /download/all-forms/lr-forms/transmissions/Land%20Registry%20Form%2038.doc
 
Sample form for Deed of Assent - all caveats apply - IANAL!
 

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Thirsty said:
Sample form for Deed of Assent - all caveats apply - IANAL!
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Now - you are marvelously helpful but just to be cautious...............

That is for unregistered title. Not registered.

I would absolutely advise people to get the solicitors involved at assent stage(actually well before, but sin sceal eile!)

Property is too important to try and do it as an amateur

But shure I would say that, would'nt I!

mf
 
mf1 - I 100% agree!

And although I did probate myself I did indeed get Soltr to do deeds of assent (this was just one of them) and have said so in a few posts. I was asked a few times for copy of the document, hence sample.
 
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