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Right to see the Affidavit for Revenue.

  • 12-02-2015 1:53pm
    #1
    Roubled
    Registered Users, Registered Users 2 Posts: 52 ✭✭


    When a person dies, leaving a will and a named executor/s do the other beneficiaries have a right to see a copy of the Affidavit for Revenue once it's filed with the probate office?

    In other words how to beneficiaries double check that the details are correct and the executor is being honest?


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    http://www.courts.ie/courts.ie/library3.nsf/5188a5224a83c8aa80256e310050dcb2/95f8b7f057240a21802575f50036a4db?OpenDocument


  • #3
    Roubled
    Registered Users, Registered Users 2 Posts: 52 ✭✭Roubled


    [QUOTE=The Mustard[/QUOTE]

    Thank you.


  • #4
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    You're welcome.


  • #5
    Roubled
    Registered Users, Registered Users 2 Posts: 52 ✭✭Roubled


    The Mustard wrote: »
    You're welcome.

    Having checked further there is an exception. Where a caveat has been lodged the Affidavit is not considered a public document and as such can't be viewed at the probate office. This includes the person who lodged the caveat.


  • #6
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Roubled wrote: »
    Having checked further there is an exception. Where a caveat has been lodged the Affidavit is not considered a public document and as such can't be viewed at the probate office. This includes the person who lodged the caveat.

    Where does it say that?


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  • #7
    Roubled
    Registered Users, Registered Users 2 Posts: 52 ✭✭Roubled


    The Mustard wrote: »
    Where does it say that?

    That's from the staff in the probate office.

    Another curious piece of information is this: the executor is claiming the funeral expenses and other bills (about €7500 in total.) as liabilities against the value of the estate (a house). Despite the fact these bills have already been paid from cash left by the deceased the probate staff say that's ok every body does that...???????


  • #8
    ?Cee?view
    Registered Users, Registered Users 2 Posts: 2,848 ✭✭✭?Cee?view


    Roubled wrote: »
    That's from the staff in the probate office.

    Another curious piece of information is this: the executor is claiming the funeral expenses and other bills (about €7500 in total.) as liabilities against the value of the estate (a house). Despite the fact these bills have already been paid from cash left by the deceased the probate staff say that's ok every body does that...???????

    Not sure your question makes sense.

    The bills have to be paid from the cash which is part of the estate. What's the issue?


  • #9
    Roubled
    Registered Users, Registered Users 2 Posts: 52 ✭✭Roubled


    ?Cee?view wrote: »
    Not sure your question makes sense.

    The bills have to be paid from the cash which is part of the estate. What's the issue?

    The bills in question, funeral expenses and Fair Deal scheme, have already been paid from cash belonging to the deceased. This cash has not been mentioned or declared and the expenses are being deducted from the value of the estate (the value of the house). The probate office don't' seem to think that's a problem.


  • #10
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Roubled wrote: »
    The probate office don't' seem to think that's a problem.

    The Probate Office deals with applications for Grants of Probate and other Grants of Representation. It doesn't deal with the administration of estates. It's not their problem.


  • #11
    ?Cee?view
    Registered Users, Registered Users 2 Posts: 2,848 ✭✭✭?Cee?view


    Roubled wrote: »
    The bills in question, funeral expenses and Fair Deal scheme, have already been paid from cash belonging to the deceased. This cash has not been mentioned or declared and the expenses are being deducted from the value of the estate (the value of the house). The probate office don't' seem to think that's a problem.

    Sorry. I'm still not getting it.

    If the bills were due at or after the date of death, then they are due from the estate. Usually the funeral wouldn't be paid in advance. As they are liabilities at death and the house is the asset, you deduct one from the other to get the net value. What's wrong with that?

    Alternatively, are you saying that the deceased had a big lump of cash somewhere (not in a bank or similar account) out of which the bills have been paid after death and this cash has not been included in the estate?

    In this case, your original question suggests that you have not seen the Affidavit, so how can you know what is or is not included?

    Sorry if I'm misreading this, but it just doesn't make sense.


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  • #12
    Roubled
    Registered Users, Registered Users 2 Posts: 52 ✭✭Roubled


    ?Cee?view wrote: »
    Sorry. I'm still not getting it.

    If the bills were due at or after the date of death, then they are due from the estate. Usually the funeral wouldn't be paid in advance. As they are liabilities at death and the house is the asset, you deduct one from the other to get the net value. What's wrong with that?

    Alternatively, are you saying that the deceased had a big lump of cash somewhere (not in a bank or similar account) out of which the bills have been paid after death and this cash has not been included in the estate?

    In this case, your original question suggests that you have not seen the Affidavit, so how can you know what is or is not included?

    Sorry if I'm misreading this, but it just doesn't make sense.

    Lets try it this way: The deceased had €10 grand in cash from a pension which was left when she passed away. Out of this the funeral expenses and fair deal scheme €7500.00 were paid. Having seen a copy of the affidavit the only asset listed is the house and the €7500.00 is deducted as liabilities. Like I said the person in the probate office didn't seem to think this was a big deal. To me it looks like a false declaration but I'm not a solicitor.


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