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uncles will

  • 19-04-2012 10:46am
    #1
    sh1tstirrer
    Closed Accounts Posts: 2,489 ✭✭✭


    My uncle was killed in a car accident last year. His only next of kin are 12 nephews and nieces. He left all his estate and money to one niece. The driver of the other car pleaded guilty in court and now his insurance are ready to settle the claim. As his funeral expenses were taken out of his estate does this mean that it will be divided between all his nephews and nieces?


Comments

  • #2
    jaspertheghost
    Registered Users, Registered Users 2 Posts: 231 ✭✭jaspertheghost


    no,it`ll probably go to the 1 neice,if shes the person specified in his will then its her that`ll get the money,maybe she`ll share with everyone


  • #3
    prospect
    Registered Users, Registered Users 2 Posts: 4,787 ✭✭✭prospect


    Expenses will be taken out of his estate and the remaining balance will go to the named niece.


  • #4
    sh1tstirrer
    Closed Accounts Posts: 2,489 ✭✭✭sh1tstirrer


    jaspertheghost wrote: »
    no,it`ll probably go to the 1 neice,if shes the person specified in his will then its her that`ll get the money,maybe she`ll share with everyone
    But the rest of the insurance claim will be divided between all his nephews and nieces so surely the funeral expenses will also be divided between them as it was taken out of his estate before the niece got the balance.


  • #5
    jaspertheghost
    Registered Users, Registered Users 2 Posts: 231 ✭✭jaspertheghost


    why is it being divided between all the nephews and nieces? if its only one niece in the will then surely it will all go to her


  • #6
    sh1tstirrer
    Closed Accounts Posts: 2,489 ✭✭✭sh1tstirrer


    jaspertheghost wrote: »
    why is it being divided between all the nephews and nieces? if its only one niece in the will then surely it will all go to her
    The driver of the other car pleaded guilty and his insurance are paying out, one of the expenses is the funeral costs. The insurance money will be divided between all his nieces and nephews and I was wondering will the funeral expenses go to the beneficiary or will it be divided between everyone.


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  • #7
    jaspertheghost
    Registered Users, Registered Users 2 Posts: 231 ✭✭jaspertheghost


    the expenses will be paid to where ever they came from...so back to the niece who got the estate...


  • #8
    CIARAN_BOYLE
    Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    sh1tstirrer wrote: »
    The driver of the other car pleaded guilty and his insurance are paying out, one of the expenses is the funeral costs. The insurance money will be divided between all his nieces and nephews and I was wondering will the funeral expenses go to the beneficiary or will it be divided between everyone.

    The insurance payment should not be divided between the 12 nephews and nieces but rather go into his estate which falls to the one niece.

    The expenses will be paid by the estate ie the one niece,


  • #9
    coylemj
    Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    On what basis will there be an insurance payout? In the absence of any information to the contrary, we have to assume that he had no economic dependants - so why would the insurance company have to pay any money, except if his car was damaged in the accident?


  • #10
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    coylemj wrote: »
    On what basis will there be an insurance payout? In the absence of any information to the contrary, we have to assume that he had no economic dependants - so why would the insurance company have to pay any money, except if his car was damaged in the accident?

    The cost of the funeral may also be claimed as an item of special damage.There might be medical and mortuary expenses.


  • #11
    coylemj
    Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    Milk & Honey wrote: »
    The cost of the funeral may also be claimed as an item of special damage.There might be medical and mortuary expenses.

    None of that money will be up for dispersal to the next of kin so I can't see the point of the discussion. Any 'expenses' will be reimbursed to whoever paid them - or, for example, direct to the undertaker in the case of the cost of the funeral if they haven't already been paid meaning there is no net gain so surely the estate of the deceased will go to the niece, end of story.

    My point is that there seems to be a view that there is some insurance 'money' forthcoming which will form part of the estate, I can't see that there will be any such money.


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  • #12
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    coylemj wrote: »

    My point is that there seems to be a view that there is some insurance 'money' forthcoming which will form part of the estate, I can't see that there will be any such money.

    It will go to the estate and then to the niece as it is supposed to. The o/p seems to have hoped that the money would go into some kind of a residue and be distributed as an intestacy.


  • #13
    coylemj
    Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    Milk & Honey wrote: »
    It will go to the estate and then to the niece as it is supposed to. The o/p seems to have hoped that the money would go into some kind of a residue and be distributed as an intestacy.

    What will go to the estate? On what basis will the insurance company pay money to the estate over and above the expenses you mentioned earlier?


  • #14
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    coylemj wrote: »
    What will go to the estate? On what basis will the insurance company pay money to the estate over and above the expenses you mentioned earlier?

    That money goes into the estate as a reimbursement of the outlays. The money in the estate belongs to the favoured niece so it will go to her but it will have to pass through the estate first. The claim will be brought by the executor. The cheque will go to him. He may have some costs or expenses to take out of it himself. The niece will get anything left over.


  • #15
    coylemj
    Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    sh1tstirrer wrote: »
    But the rest of the insurance claim will be divided between all his nephews and nieces so surely the funeral expenses will also be divided between them as it was taken out of his estate before the niece got the balance.

    The OP seems to be referring to more than just expenses, it appears to me that he is expecting the insurance company to pay out a lump sum similar to a personal injury claim. Note above that he distinguishes between the funeral expenses claim and other money that he seems to be expecting.


  • #16
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    coylemj wrote: »
    The OP seems to be referring to more than just expenses, it appears to me that he is expecting the insurance company to pay out a lump sum similar to a personal injury claim. Note above that he distinguishes between the funeral expenses claim and other money that he seems to be expecting.

    Theremust have been a claim under Section 48 of the Civil Liability Act so.


  • #17
    sh1tstirrer
    Closed Accounts Posts: 2,489 ✭✭✭sh1tstirrer


    coylemj wrote: »
    sh1tstirrer wrote: »
    But the rest of the insurance claim will be divided between all his nephews and nieces so surely the funeral expenses will also be divided between them as it was taken out of his estate before the niece got the balance.

    The OP seems to be referring to more than just expenses, it appears to me that he is expecting the insurance company to pay out a lump sum similar to a personal injury claim. Note above that he distinguishes between the funeral expenses claim and other money that he seems to be expecting.
    That is correct, the rest of the claim money will be divided between all his nieces and nephews. So I guess the funeral expenses will be going to the favourite niece.


  • #18
    Grolschevik
    Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭Grolschevik


    sh1tstirrer wrote: »
    the rest of the claim money will be divided between all his nieces and nephews.

    Why?


  • #19
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    Grolschevik wrote: »
    Why?

    There appears to be an expectation that it will regardless of what the facts are.

    If you are in doubt contact the executor and if still in doubt seek independent legal advice.


  • #20
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Grolschevik wrote: »
    Why?

    As someone said above section 48 Civil Liability Act 1961

    48.—(1) Where the death of a person is caused by the wrongful act of another such as would have entitled the party injured, but for his death, to maintain an action and recover damages in respect thereof, the person who would have been so liable shall be liable to an action for damages for the benefit of the dependants of the deceased.

    (2) Only one action for damages may be brought against the same person in respect of the death.

    (3) The action may be brought by the personal representative of the deceased or, if at the expiration of six months from the death there is no personal representative or no action has been brought by the personal representative, by all or any of the dependants.

    (4) The action, by whomsoever brought, shall be for the benefit of all the dependants.

    (5) The plaintiff shall furnish the defendant with particulars of the person or persons for whom and on whose behalf the action is brought and of the nature of the claim in respect of which damages are sought to be recovered.

    (6) The action shall be commenced within three years after the death.

    This is assuming in this case ha the nieces and nephews are lassoed as defendants, best if unsure seek legal advice.


  • #21
    coylemj
    Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    OP, are some of the nieces and nephews claiming to be 'dependants' of the uncle?

    Not descendents mind - dependants as in they 'depended' on the uncle for economic support.

    If the uncle had no wife or children and wasn't actively supporting any of his nephews or nieces, I can't see how the insurance company are liable for anything more than the cost of the funeral and associated expenses. This is the point I've been making all along - I think the nephews and nieces think there's a crock of gold here but I say there is not.


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