Will and Probate

Joekers

Ok looking for some help please.

My Mam had an Aunt in Northern Ireland who died in 2009. My mam and the aunt were very close and my mam was expecting something from her will.

Now my mam does not get on with her brother who was also very close with the aunt.

Here now today my mam found out that she could check online anything that went to probate from the aunt.

Turns out I found out online for my mam that the aunt has left a large some of money 50k+

However it turns out the the uncle claimed all the money.

Just wondering has my mam got any claim to the money and if so what would be the next step.

Any questions I'l do my best to answer its all very confusing thanks for the help.
Joe

NUTLEY BOY

Best dealt with by a Northern Ireland solcitor.

coylemj

You're saying that the aunt 'left' money and that the uncle 'claimed' it. Can you be a bit more specific, like was there a will and if there was, was your mother mentioned in it?

If there was a will and your mother got nothing then it's pretty tough but that's life. Just because the aunt and your mother were 'very close' doesn't cut the mustard I'm afraid.

If there was no will then the disposal of the money would be according to the laws on intestacy in the UK so you'd really need to ask on a UK forum though I'm sure there are posters here who probably know the relevant rules that apply in the UK.

deldel56

I have a Question about Probate and wondering if someone can give me some advice, We have been told by our solicitor to remove everything from my dad's house while we are awaiting answer from probate office, is this normal???

coylemj

deldel56 wrote: »

I have a Question about Probate and wondering if someone can give me some advice, We have been told by our solicitor to remove everything from my dad's house while we are awaiting answer from probate office, is this normal???

It depends on the motivation for doing so. Sometimes relatives help themselves to pieces of furniture before probate is granted and then all hell breaks loose when the other relatives find out.

If the solicitor is telling you to store the house contents away somewhere safe then there's no problem. As long as nobody commandeers the assets to keep for themselves or attempts to sell them there's no issue.

deldel56

no it's not that any of us want anything from the house,we are happy to wait. probate is in process at the moment but solicitor has stated that we need to empty the house of all possessions, ( I am just wondering why we need to do this) and he has quoted €6000.00 for the probate.....this is an unbelievable amount, does anyone know the average cost(remember probate is gone in through solicitor)

coylemj

deldel56 wrote: »

no it's not that any of us want anything from the house,we are happy to wait. probate is in process at the moment but solicitor has stated that we need to empty the house of all possessions, ( I am just wondering why we need to do this) and he has quoted €6000.00 for the probate.....this is an unbelievable amount, does anyone know the average cost(remember probate is gone in through solicitor)

There is no 'average' cost, you should have negotiated a price before you let the solicitor kick off the process, or one of you should have done it yourself. If you don't negotiate the price in advance he will charge you based on a % of the value of the estate.

It's really none of his business whether the house is emptied or not, that's a matter for the executor. The house can't be sold until the grant of probate is sorted so I don't see why he wants the contents removed from the house - why don't you ask him instead of us?

deldel56

I just thought I try get some advice, another Family Member(stubborn) is dealing with the Solicitor. Thank u for ur reply

bath handle

deldel56 wrote: »

I just thought I try get some advice, another Family Member(stubborn) is dealing with the Solicitor. Thank u for ur reply

The most likely reason for having contents removed is because the house is being sold.

Marcusm

Jokers

It's not clear from your original post whether your aunt left a will in which case it is up to the executor to distribute any assets in accordance with her wishes or whethershe died intestate ( without making a will) in which case the intestacy rules will apply. Follow the attached link from the UK's Citizen's Advice Bureau for asumary of who can inherit where there is no will.

If your aunt left everything to your uncle there is unlikely that anything can be done unless he pressured her into signing the will (which would make it invalid). Generally, siblings have little ability to challenge a will from which they have been excluded.

http://www.adviceguide.org.uk/index/your_family/family_index_ew/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

coylemj

Marcusm wrote: »

Jokers

It's not clear from your original post whether your aunt left a will in which case it is up to the executor to distribute any assets in accordance with her wishes or whethershe died intestate ( without making a will) in which case the intestacy rules will apply. Follow the attached link from the UK's Citizen's Advice Bureau for asumary of who can inherit where there is no will.

If your aunt left everything to your uncle there is unlikely that anything can be done unless he pressured her into signing the will (which would make it invalid). Generally, siblings have little ability to challenge a will from which they have been excluded.

http://www.adviceguide.org.uk/index/your_family/family_index_ew/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

This is what happens when someone hijacks an old thread.

Marcusm, the OP has long gone, this thread has been resurrected by a different poster.

coylemj

deldel56 wrote: »

I just thought I try get some advice, another Family Member(stubborn) is dealing with the Solicitor. Thank u for ur reply

I think that member of the family is using the name of the solicitor to get you to do something that is not absolutely necessary at the moment. The house cannot be sold until the grant of probate is issued, this is because ownership of the house cannot be transferred (to a buyer) until the will and probate is sorted.

So I'd tell that member of the family to take a running jump, there's no way the solicitor gives a XXXX about whether the house contents are left in the house or put into storage.

Marcusm

coylemj wrote: »

I think that member of the family is using the name of the solicitor to get you to do something that is not absolutely necessary at the moment. The house cannot be sold until the grant of probate is issued, this is because ownership of the house cannot be transferred (to a buyer) until the will and probate is sorted.

So I'd tell that member of the family to take a running jump, there's no way the solicitor gives a XXXX about whether the house contents are left in the house or put into storage.

Coylemj; thanks for pointing out my oversight re the original post. In respect of the current poster, it might be possible that the will specifies that the house be sold and the proceeds distributed amongst the beneficiaries.

coylemj

Marcusm wrote: »

In respect of the current poster, it might be possible that the will specifies that the house be sold and the proceeds distributed amongst the beneficiaries.

I guess that's a possible explanation but why wasn't the OP told that? It doesn't sound like there's great communication amongst the family so I'd be more inclined to think that there are other issues.

Executor

Any help would be appreciated on this topic.
Myself and sibling are joint executors of our parents will, which states " The House is to be sold and divided equally". Back in 2008/9 , as there was extra land, an Architect liaised quite considerably with the planning office and did an excellent job. I was led to believe that a planning application had been made.
On the passing of our second parent last July it transpired there was no planning. Myself and sibling agreed to apply for planning permission as the home with a site would fetch a higher value. I was not directly involved but my sibling advised me (after the fact) that the original architect was unavailable and he had retained an new one, who would do a planning application with a generic house on the plans to save time and money,with a fee that I was shocked at and made this known to my sibling. I was also advised this application was in his name only, apparently to save the architect time doubling up with messages etc. I did not dispute this as was led to believe that everything would work out perfectly.
The passing date of our parent was July 2018, planning application was eventually lodged in January 2018 and REFUSED in March 2018 on many grounds. I became quite concerned at this stage and studied both sets of plans and was far from happy. I was informed and Appeal was being lodged that would take a further 4 months minimum.
As my sibling got quite nasty when asked very simply and relevant questions I was left with no choice but to request the architect involved kindly keep me updated BEFORE any appeal was lodged. I was ignored. They went ahead with the appeal, on grounds that I have been denied information on as Im apparently not his client via message from said architect AFTER the appeal was lodged.
I am not in a position to wait out another possible 4 to 6 months, in the chance it will be granted, I myself as a widow of 6 years , left with no life assurance by my husband, am due in court on Friday regarding mortgage arrears and re-possesion of my home. My sibling has stated in writing I deserve it . The sibling has now gotten quite nasty, after a polite email from me requesting information regarding the appeal , was told, that planning had been most likely refused due to my hysterical nuisance calls to the planning office. I called on the decision day only , and was told only the applicant could be given the decision.
No value has ever been given on the house or site, this I have arranged myself this week. As the market is now at its peak this is a prime time to sell a fine house with development potential. I am not in the same financial position my sibling is and not willing to wait a further 4 to 6 months when the market could change, the house be an empty insurance risk ( hes willing to lie and say he lives there, I am not) . I have kindly requested we liaise though solicitors as his abuse and attempts to bully me is taking its toll on me. He has messaged me today saying his solicitor is busy until August. I would like the house sold as an entity with development potential, without waiting for a possible or unlikely positive result as the development plans changed considerable in 2010.
How can I proceed with the sale of the property ? All help appreciated . Thank you in advance


Mod
Pls re-write this in chronological paras

Executor

Executor wrote: »

Any help would be appreciated on this topic.
Myself and sibling are joint executors of our parents will, which states " The House is to be sold and divided equally". Back in 2008/9 , as there was extra land, an Architect liaised quite considerably with the planning office and did an excellent job. I was led to believe that a planning application had been made.
On the passing of our second parent last July it transpired there was no planning. Myself and sibling agreed to apply for planning permission as the home with a site would fetch a higher value. I was not directly involved but my sibling advised me (after the fact) that the original architect was unavailable and he had retained an new one, who would do a planning application with a generic house on the plans to save time and money,with a fee that I was shocked at and made this known to my sibling. I was also advised this application was in his name only, apparently to save the architect time doubling up with messages etc. I did not dispute this as was led to believe that everything would work out perfectly.
The passing date of our parent was July 2018, planning application was eventually lodged in January 2018 and REFUSED in March 2018 on many grounds. I became quite concerned at this stage and studied both sets of plans and was far from happy. I was informed and Appeal was being lodged that would take a further 4 months minimum.
As my sibling got quite nasty when asked very simply and relevant questions I was left with no choice but to request the architect involved kindly keep me updated BEFORE any appeal was lodged. I was ignored. They went ahead with the appeal, on grounds that I have been denied information on as Im apparently not his client via message from said architect AFTER the appeal was lodged.
I am not in a position to wait out another possible 4 to 6 months, in the chance it will be granted, I myself as a widow of 6 years , left with no life assurance by my husband, am due in court on Friday regarding mortgage arrears and re-possesion of my home. My sibling has stated in writing I deserve it . The sibling has now gotten quite nasty, after a polite email from me requesting information regarding the appeal , was told, that planning had been most likely refused due to my hysterical nuisance calls to the planning office. I called on the decision day only , and was told only the applicant could be given the decision.
No value has ever been given on the house or site, this I have arranged myself this week. As the market is now at its peak this is a prime time to sell a fine house with development potential. I am not in the same financial position my sibling is and not willing to wait a further 4 to 6 months when the market could change, the house be an empty insurance risk ( hes willing to lie and say he lives there, I am not) . I have kindly requested we liaise though solicitors as his abuse and attempts to bully me is taking its toll on me. He has messaged me today saying his solicitor is busy until August. I would like the house sold as an entity with development potential, without waiting for a possible or unlikely positive result as the development plans changed considerable in 2010.
How can I proceed with the sale of the property ? All help appreciated . Thank you in advance


Mod
Pls re-write this in chronological para

Apologies, I did re-post this as was told it was on the wrong forum.

ok thanks
mod

nuac

Mod
Closed for mod review