unfortunately that is the way it is written,Firstly, sorry for your loss.
Where there is a valid will, the Executors (or one of them) may extract a “Grant of Probate”. This then allows them to deal with the estate, pay the debts and distribute the assets.
It is where there is no valid will that an Administrator (so entitled to act usually by virtue of their relationship to the deceased) will extract a Grant of Letters of Administration.
Wills must be clearly written so as to enable the Executor to carry out the wishes of the deceased. There are other formalities that must be followed such as the will being appropriately witnessed, signed and dated etc.
The wording you have typed above contains several typos which if contained in the will may be problematic in terms of deducing the intention of the Testator. In particular, the following sentence is problematic:
“I Give devise bequeath all my real and personal estate whatsoever and wheresovever not hereby any codicil hereto otherwise specifically disposed of after payment of my debts, funeral and testamentary expenses…”. It does not make grammatical sense. I suspect though that you may have misquoted the will.
If not, and the wording as typed here appears in the will, then this could affect the validity of that clause in the will if not the will itself.
This bit also seems ambiguous:The wording you have typed above contains several typos which if contained in the will may be problematic in terms of deducing the intention of the Testator. In particular, the following sentence is problematic:
“I Give devise bequeath all my real and personal estate whatsoever and wheresovever not hereby any codicil hereto otherwise specifically disposed of after payment of my debts, funeral and testamentary expenses…”. It does not make grammatical sense. I suspect though that you may have misquoted the will.
If not, and the wording as typed here appears in the will, then this could affect the validity of that clause in the will if not the will itself.
You almost certainly need legal advice on this as others have suggested.In the event of any of my children being deceased prior to my Death then i DIRECT that My Trustees shall hold there share in Trust for such Children of theirs as may be living at the date of my Death.
interestingYou really need to see a Solicitor on this. The will on its face lacks certainty in certain respects.
If the will is valid, then if all beneficiaries are agreeable to you buying it at market value, then there shouldn’t be a problem.
However, if the will’s validity is uncertain, then there may be a wider pool of potential beneficiaries - ie if the will is invalid, then the estate passes under the rules of intestacy to the next of kin. This may include others aside from those named in the will.
thanks can you make an offer or does it have to be the market value with revennue , at the end of the day im just trying to sort this mess out really, i dont have any children , the other sibling will probably want to stay for a while i certainly wouldnt throw her out and at the end of the day the other siblings who do have kids will probably end up with the house as i dont have kids and really there my next of kinYou can propose it to your siblings, see what they say. You can just refuse to agree to sell, continue to own 20% of it and pay your siblings rent etc. if you can afford it and your siblings agree the cleanest simplest solution is to buy it 100%. All the other ideas tangle you up with family members which can lead to complications
You need to get Grant of Probate first.can i make an offer to three of the others and buy them out ,
No your probably right , just thinking of all the questions to ask solicitor , but at present my plan is to Will it back to all 4 of them if i consider buying itYou can inherit €335K without paying any CAT so you will not owe anything to revenue if you are below this lifetime limit. If you are proposing to buy three siblings out how do you know what a fair market value is? Why should they receive less from you than if they sold in an open market.
So for example the house is valued at €250K but you offer €200K. Your sibling would get €50K at market value but only €40K if they took your offer. Ignoring all other assets they have inherited €40K each from your parent. You however have inherited €80K, your 20% part of €250K and €10K from each siblings portion that you did not pay them. It is hardly fair that you receive an inheritance worth €80K when your siblings get €40K. The only way to know the true value of your inheritance is to get it professionally valued.
But you are getting way ahead of yourself, probate needs to be organised and granted first.
You should get a solicitor to organise all of this for you.
No wasnt a bar stool lawyer but when i went to ring the solictor i found out there company is gone and he is doing 18 months for fraud, Dad Never had much luck with solicitors even his previous oneHi faolteam
It sounds as if that was drafted by a solicitor.
Unless your father was a bar stool lawyer?
Given that others here see defects in the wording, you probably should get the assistance of another solicitor to review it.
Brendan
thanks can you make an offer or does it have to be the market value with revennue , at the end of the day im just trying to sort this mess out really, i dont have any children , the other sibling will probably want to stay for a while i certainly wouldnt throw her out and at the end of the day the other siblings who do have kids will probably end up with the house as i dont have kids and really there my next of kin
provided that my dwelling house shall not be sold or otherwise disposed of unless each and all aforesaid children shall be in agreement.
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