You are mixing up two issues- renouncing and disclaiming.
You have disclaimed your entitlement to benefit under the will. Have you also renounced as executors? These are two separate matters.
If you haven't renounced, then you are still executors. As you are out of the country, you can appoint the solicitor as your attorney to extract the grant on your behalf. Or if you have renounced it goes to the next person entitled- as per the Succession Act and court rules.
Naturally the solicitor will charge to extract the grant, they are hardly going to do it for free?
You can't just decide to be executor, even if you are the beneficiary. So your aunt may not be entitled to act.
With the amount being so small why not take the inheritance and then write a cheque to your aunt?
How do you think your aunt is going to get the property into her name? Probate will have to be taken out for her to own the house, otherwise it won't be hers to sell or whatever. However, this costs money.
Having renounced your role as executors, you are not in a position to give your aunt power of attorney to act as executor on your behalf.
What I wonder could the €1,800 really be for ?
Who said anything about not paying for probate - it's not about that at all?
It's about paying an extra 1800 euro on top of the standard probate fees for her to be given power of attorney to apply for probate on our behalf when she should be able to apply directly as the nearest relative in a case of intestacy as those named in the will have all renounced/disclaimed.
We have already paid fees for the disclaimers and renunciation as were were told this was sufficient and that was all we needed to do. Our aunt then legally inherits under the succession act. Now the solicitor is asking for 1800 euro more for something which he never stated would be required?
We don't want to rip off our aunt - we merely want to avoid being ripped off by the solicitor. Hence our question!
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