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foreign will- why an irish grant?

  • 16-11-2009 11:34am
    #1
    Whattosell
    Closed Accounts Posts: 20 ✭


    My uncle was due to inherit money from an irish estate. Unfortunately he died before he got the money. His family attorney in the US are dealing with his estate over there but the solicitors dealing with the irish estate he was going to inherit from have said an irish 'grant' will have to be extracted to my uncles estate- anyone know why this is or whether the US equivalent of the grant in his estate would be sufficient? It's not a huge amount of money- I think around €25,000 or so.


Comments

  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    A person paying out money pursuant to an irish grant is immune from suit. (section 22 Succession Act 1965).

    In an application for a grant, the law of the place where the will was made governs, so an american will can be admitted for grant.

    It should be a straightforward process. It covers the administrators of the irish estate from suit for wrongfully paying out the uncle's share if it's paid to the executor under an irish grant of probate.


  • #3
    Whattosell
    Closed Accounts Posts: 20 ✭Whattosell


    Okay, thanks for that. I see why they want to do it- to protect themselves. The only thing is that they are estimating €2,500 roughly to do it- so the benefit will be decreased by that much. Isn't there any other way around it- like could the US contingent sign something to indemnify the Irish without the need for this process.


  • #4
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Whattosell wrote: »
    Okay, thanks for that. I see why they want to do it- to protect themselves. The only thing is that they are estimating €2,500 roughly to do it- so the benefit will be decreased by that much. Isn't there any other way around it- like could the US contingent sign something to indemnify the Irish without the need for this process.

    You could of course approach them.

    The problem is who would indemnify them? It would have to be the entire world. Let's say theoretically the uncle has a will that revokes his will giving the money to you and leaves it all to the cats home. If that will is found and probated, the cats home could sue his personal representatives for giving the money to you instead of them.

    You can replace "cats home" with any person the uncle could bequest money to.


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