Search results

  1. P

    helping future executor

    If he owns property, you should know where the deeds are. If he has an occupational pension, you should know who pays it, and have a contact address so that they can be notified on his demise.
  2. P

    What do funeral costs include?

    I'm inclined towards the view that the executor is correct, but I think it bizarre that there should be a dispute. If such matters give rise to conflict, an executor needs to be meticulously correct to cover his or her own back.
  3. P

    DIY Probate - Will Short of Funds

    Sorry, that's outside my realm! Perhaps some one of our legal experts can pick this one up and comment. If your daughter is within shouting distance of her majority, I think you can simply delay paying her bequest for a time. The estate of which you will be Executor is akin to a trusteeship...
  4. P

    DIY Probate - Will Short of Funds

    The Probate Office doesn't make the split: the Executor does that. The Succession Act and the Probate Court operate on the presumption that the Executor is honest.
  5. P

    DIY Probate - Will Short of Funds

    Unless the will used a form of words that makes it clear that something different is intended, the bequests to your daughter and yourself rank equally - two-thirds to her, one-third to you. Debts, funeral costs and testamentary expenses (if any are still outstanding) come ahead of bequests...
  6. P

    Will says house to be divided amongst beneficiaries. What exactly does that mean?

    The executor's powers come from the will, and the will comes into effect at the time of death. The Grant of Probate simply means that the court has been apprised of the situation, and confirms that things are in order - the will is "proved". It is quite reasonable for an executor to take steps...
  7. P

    Will says house to be divided amongst beneficiaries. What exactly does that mean?

    Grant of Probate has the effect of putting the Executor in full charge of the situation, and does not create a "Beneficiaries' Management Committee" to guide and direct the management of the estate. The Executor is bound by the will, and if there is a substantive doubt about the testator's...
  8. P

    SIPTU Jack wants something more progressive than USC

    But everybody is entitled to have an opinion, and to express it.
  9. P

    When does the Executor's role commence?

    There is a simple procedure for an executor to decline the role: a written statement to that effect, duly witnessed. The term used for it is "renouncing executorship". If a nominated executor fails to act, and refuses to renounce, a beneficiary may apply to the Probate Court for the right to...
  10. P

    When does the Executor's role commence?

    The saying is that "the will speaks from death". It follows that the executor is appointed at the time of death. Obviously, if the will has not been located, there may be a period when the executor is unaware of his legal capacity. It might happen that the nearest kin of the deceased take it...
  11. P

    right of way isues

    Before you consider the strict legalities (which might not be straightforward) I suggest you give some thought to what was intended by the person making the will.
  12. P

    Making a will

    If there is no will, and both die simultaneously, the Succession Act provides for equal division between the children. Another (less unlikely) scenario to consider is one parent dies, and the other parent takes all the joint property and still does not make a will before death. In that case...
  13. P

    "It's now cheaper to buy than to rent"

    It's not comparing like with like. A 20% deposit on a house is rather more than a month's rent as deposit on a rental agreement. Furthermore, it ignores the cost of furnishing, and the maintenance costs borne by landlords. In a MUD, the landlord also pays the service charges.
  14. P

    Why should I have to pay for someone else's high speed broadband?

    Infrastructure development is not generally considered as state aid. It might be different if one line were laid to facilitate a particular firm, but if it is a general provision available to all, that's not state aid to a commercial entity.
  15. P

    Why should I have to pay for someone else's high speed broadband?

    Why should there be a problem with competition rules? This would be an infrastructure project.
  16. P

    Insurance claim, cheque made out to mortgage company and me.

    Don't complain about 16th century items; insurance is also a 16th century thing.
  17. P

    Why should I have to pay for someone else's high speed broadband?

    Broadband and job creation are linked. That, rather than any wish I might have to subscribe to Netflix, is what underpins the argument.
  18. P

    Why should I have to pay for someone else's high speed broadband?

    Society includes the denizens of rural and small-town Ireland. In general, good access to the online world is as beneficial to them as to the residents of Dublin. I imagine there were similar rants against the extension of the telephone system.
  19. P

    Will says house to be divided amongst beneficiaries. What exactly does that mean?

    If it is the only way to effect a three-way division of the value of the house, I think the answer is yes. See http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0050.html#sec50
Top