Fees while Will in probate

FarmerSmith

I wonder if anyone could answer a question.

My uncle was a farmer and passed away in August 2012. His accountant was asked to prepare his accounts for 2011 and up to date of death 2012. Will is currently going through probate.

I (as I was the one who dropped the info to the accountant) received an invoice for €1000 for preparing his 2011 accounts. The Will states fees are payable from the residue which was willed to my Aunt. However, my Aunt does not have the money to pay this bill until probate is granted.

Is my Aunt entitled to wait until she has the money from my Uncles estate? She's 80 and I don't want to worry her until I know what the story is.

CIARAN_BOYLE

FarmerSmith wrote: »

I wonder if anyone could answer a question.

My uncle was a farmer and passed away in August 2012. His accountant was asked to prepare his accounts for 2011 and up to date of death 2012. Will is currently going through probate.

I (as I was the one who dropped the info to the accountant) received an invoice for €1000 for preparing his 2011 accounts. The Will states fees are payable from the residue which was willed to my Aunt. However, my Aunt does not have the money to pay this bill until probate is granted.

Is my Aunt entitled to wait until she has the money from my Uncles estate? She's 80 and I don't want to worry her until I know what the story is.

I think the bill is only enforceable against the estate so only payable out of the residue when it comes around

FarmerSmith

Thanks Ciaran, that's what I thought.

Kosseegan

CIARAN_BOYLE wrote: »

I think the bill is only enforceable against the estate so only payable out of the residue when it comes around

There is no reason why the bill is only enforceable against the estate. Who did the accountant have the contract with? Who asked him to prepare accounts? In what capacity?
What if the estate is insolvent?
Most accountants won't release accounts until they are paid so unless the accountant is going to agree to give credit, someone will have to pay.

FarmerSmith

Well prior to my Uncles death the accountant had asked him to forward his books (the accountant has been dealing with my uncle for years). Upon my uncles death we (the family) asked the accountant to do the accounts and file his tax return (as he does every year), which has been done.

The estate is not insolvent.

annieoburns

The bill should be forwarded to the solicitor handling the probate for him to pay out of the estate along with other 'expenses' such as funeral, headstone, medical bills etc and before distribution of legacies. I think they might be part of the probate submission and may have to wait for probate to be granted until settlement. Your aunt should not be concerned though she should be given an account of all dealings by the solicitor before paying him.

Kosseegan

FarmerSmith wrote: »

Well prior to my Uncles death the accountant had asked him to forward his books (the accountant has been dealing with my uncle for years). Upon my uncles death we (the family) asked the accountant to do the accounts and file his tax return (as he does every year), which has been done.

The estate is not insolvent.

What do you mean "we the family"? the family is not a legal entity. Some individual must have done it either in their own capacity or as executor.