Any one know about Wills, i have a problem where i am named as a beneficiary in my late mothers Will,the Grant of Probate was issued over a year and a half ago but still i haven't received any inheritance. My sister and the solicitors are the Executors but both refuse to speak to me and let me know what is going on.I have told the solicitor that i am going to report him to the law society and i will do it,but i need some advice first..So can anyone help me.I don't have the money to get a solicitor of my own.......Please help!!
That's a little off the mark. The legal position is set out S.62 of the Succession Act, 1965:... In the letter state that as the Executor's year ( this refers to the time frame in which one can reasonably assume that the Estate can be finalised ) has now passed since the Grant issued you are now seeking not only your inheritance but accrued interest on same ...
[Emphasis mine.]The personal representatives of a deceased person shall distribute his estate as soon after his death as is reasonably practicable having regard to the nature of the estate, the manner in which it is required to be distributed and all other relevant circumstances, but proceedings against the personal representatives in respect of their failure to distribute shall not, without leave of the court, be brought before the expiration of one year from the date of the death of the deceased.
Write to the Solicitor & copy the letter to the other Executor - your sister.
In the letter state that as the Executor's year ( this refers to the time frame in which one can reasonably assume that the Estate can be finalised ) has now passed since the Grant issued you are now seeking not only your inheritance but accrued interest on same .
This should provoke a response - better to write than phone.
That's a little off the mark. The legal position is set out S.62 of the Succession Act, 1965:
[Emphasis mine.]
The executor's year is a minimum time during which a beneficiary is precluded from taking action, but a longer period might be reasonable. It might reasonable to take longer if, for example, there is a property to be sold and the market is very difficult.
It may be a deficiency in the law that the executor is not required to inform beneficiaries on progress, but that is how it is.
But it is quite reasonable to write formally to both executors saying that it appears that distribution should be due as provided for under the Succession Act, and asking when it will happen. That puts some kind of onus on them to tell you how things stand.
If your brother is now installed in the business and your sister is living in the house, then you have some right (not clearly underpinned in law) to get an explanation of why the residue has not been distributed. There might be adequate reasons, such as trying to get liability to income tax agreed.
So perhaps you should write in formal tone to the executors, referring to S.62 of the Succession Act, and asking when a distribution can be expected.
OP said that he can't afford to pay a solicitor.What does your solicitor advise?
Not necessarily. An executor might have to deal with the Revenue Commissioners on other matters. There might have been income tax underpaid or overpaid at date of death; there might have been income earned during the administration of the estate; there might be issues related to the business that was left to OP's brother.The Revenue Affidavit end of things is part of the probate and is done BEFORE the Grant of Probate is given, there is no exception to this.
So the excuse from the solicitor that he is waiting for Revenue is waffle....
The OP tells us the Grant was issued a year and a half ago, so the Revenue are happy or arrangements have been made concerning any issues - which still doesn't explain why he still has heard nothing after 1.5 years..
Not true. Revenue audits/CAT/Income tax issues are dealt with AFTER the grant issues. All that happens prior to the grant issuing is that the Schedule of Assets is filed with the probate office who send one copy to the Revenue. Probate office then issues the grant without reference to revenue. Revenue will then proceed, some time later, to deal with any outstanding issues.
What assets are in the estate? Cash? Property? What is OP getting?
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