J
Is this legal opinion or just pub talk?... I've been told that the gift of one quarter of the estate to my brother is now null and void and nothing can be done. ...
... When it was given back to the solicitor, shouldn't he have checked that all was in order? ...
I believe it is more likely to be inheritance tax / gift tax or Capital Acquisitions Tax, CAT, if the threshold for gifts between siblings is exceeded, currently Group B: €52,121.... but as it is a gift he is liable to pay Capital Gains Tax. Really sucks. ...
People really don't take wills seriously - there is a peculiar view amongst the public that they are entirely routine, dead simple, should be for free etc.,etc Bizarrely however when it all hits the fan, the public go into overdrive about responsibility , blame and compo.
I have found that solicitors are less than serious about wills also, having had one prepared myself a couple of years back. On the return visit to sign the 'prepared' will, I had to hand it back for correction of names, dates, addresses, etc. Shoddy attention to detail to be honest.
mf sees things from a solicitor's point of view; I see things from a lay person's perspective.
I do not see enough in what Juliegaul said here to come to the conclusion that the solicitor was asked or instructed to check the execution of the will -- or, indeed, to come to an opposite conclusion. I suspect that it would be difficult to prove professional negligence, and that going down that road would be troublesome, expensive, and quite possibly unproductive.
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