Executor of will

J

justask

Registered User
Messages
3
I'm new to this forum so please excuse me if this post is in the incorrect place.
I would appreciate some advise on the following:-
My father died 10mts ago. How do I find out who the executor of the will is? The solicitor has told me that I am not a beneficiary and will not discuss any details on request of the executors. I just want to find out when my father made his will as he was very ill for a year before he died and I don't think that he had the capacity to make or amend his will. My father also told us that the property would be left to one of my siblings who lived next to him. This has not happened and I presume it has been left to my sisters but I don't know for sure. I'd just like to know who it was left to as it is been rented out 2mts after my fathers death.
Thanks
 
Once Grant of Probate is completed, the will is a public document and you can get a copy from the Probate Office.
 
If your suspicions about your father's capacity are correct that is a serious matter.
At the time that the will was made your father would have to have been "of sound disposing mind" for it to be valid under that heading.
If you contend otherwise you will carry the burden of proof and that could be quite complex.

The solicitor is correct in saying that he will not deal with you in relation to the identity of the executors. As Thirsty says once the Grant of Probate issues you can see a copy of the will and thus identify the executors, the beneficiaries and the bequests.

Practically, there might be a problem seeking to challenge a will where it has been admitted to probate and the assets are distributed promptly.
If you intend to challenge the issue of a Grant of Probate you would probably need to lodge an objection known as a caveat with the Probate Office as per S.38 of the Succession Act 1965.
Link http://www.irishstatutebook.ie/eli/1965/act/27/section/38/enacted/en/html

You would be well advised to consult a solicitor now to start matters rolling in relation to a caveat and exploring evidence about your father's capacity.
 
Sympathies to you on your loss. Contact probate office and see if the will has been dealt with. From the date probate is granted you have 6 months to contest it if you so wish. However I believe it is a difficult process and unless your father had already been deemed non compis mentis at the time the will was written, it will be hard to prove it now. It's a shame your father didn't include you in the will. As regards other siblings, I personally wouldn't get involved in any issues surrounding what they should or shouldn't have been left by your father. Let them sort it out between them. From personal experience probate took 5 months via solicitor. If the executor is putting in a personal application (not using solicitor to execute the will) then it takes longer.
 
I agree with Marsha. Contact the Probate Office and see what stage the will is at. When it becomes a public document all will be revealed. Challenging a will on capacity grounds is very difficult especially if he has been under medical care and the illness is not mentally related
 
Two additional observations.

1. If you lodge a caveat with the Probate Office I think that you need to renew it every six months or so.
Lodging a caveat does not mean that it can sit on file and put the probate process in to indefinite abeyance.
You need to take positive steps to move along any objection.

2. As the point has now been made about what should or should not have been bequeathed remember that a will can be attacked under S.117 Succession Act 1965.

S.117 (1)provides that "on application by or on behalf of a child of a testator, the court is of opinion that the testator has failed in his moral duty to make proper provision for the child in accordance with his means,
whether by his will or otherwise, the court may order that such provision shall be made for the child out of the estate as the court thinks just".

Link to S.117 http://www.irishstatutebook.ie/eli/1965/act/27/section/117/enacted/en/html#sec117
 
You must log in or register to reply here.
Back
Top