Thank you Bar101 - I appreciate that information, we will go and get advice. Thanks again.
Thank you Bar101 - I appreciate that information, we will go and get advice. Thanks again.Try this diagram which shows the succession plan when someones dies without a will (intestate).
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As the grand-niece you are far behind the nieces and nephews.
The diagram is courtesy of http://www.traceysolicitors.ie/faqs.html which also includes some additional help on wills.
This next suggestion is a extremely "long shot" and is not based on any experience.
It might be worth at least asking an experienced Probate Solicitor if section 98 could be applied in this case where your aunt has no children.
Sounds to me like your grandaunt has been made a ward of court and that either your uncle or aunt are her committee. They have to apply to the court for approval to sell her house or to use her money. Accounts for her assets must be given in each year and all money accounted for. It is very unlikely that they are pocketing the money themselves. How do you know that they are withdrawing such large sums? Rumour and speculation? Or have they been going around with the bank book, showing the withdrawal and smirking?
If you are genuinely concerned for your grandaunt's welfare contact the wards of courts office- there are procedures that one can start if there is a genuine problem with the committee.
If it happens that when the house is sold and the poor aunt passes on - that other people are entitled to 'inheritance' - is there any way/law that would enable the money that is being spent by those that have access being taken back? (hope this makes sense)...
Thank you for all of your comments and explanations.. it is very much appreciated...
I'm still struggling with the fact that someone is spending the aunts money on holidays for themselves/living it up while she is still alive - what advice would you give to me with this regard? Am I right in saying - if I am entitled to something when she passes - and if someone who has access now can spend it - I have no recourse on the funds they have spent?
If there is a will.. (which I understand you are saying is irrelevant as the aunt is still alive) - if there is one (and I was told there was one), when the aunt passes away (which I am not wishing upon her) - will I be entitled ?
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Yes, it does make sense.
But if your concern is the fact that your Aunt is still alive while her money is being spent, what possible benefit is it to your Aunt to have the money " taken back ", or for you to have " recourse on the funds they have spent ", after her death?
Yes, but in the posts I quoted, you are wondering about this money after your Aunts death.
Advices
I am sorry that you have lost your mum (RIP) and that she is not here to help you with this problem. Two questions you might ask yourself that may help you to make a decision on whether you become involved or not. You say your late mum 'knew ' what they were like spending someone elses money on themselves' yet she does not appear to have interferred. Also the family member who was present when funds were being withdrawn also has not interferred. It would appear your grand aunt is being looked after well and wants for nothing. For all you know your aunt and uncle may have made their wills and named you as a beneficiary so why rock the boat.