Probate Issue - One Sibling Not Engaging

VUDuo2

Hi,

The will of our late father states that the family home is to be sold and the money is to be divided equally amongst the 4 siblings (our mother passed away prior to his death)

For the probate application, the solicitor has requested the PPSN numbers of each sibling.
3 have provided theirs but the 4th brother is not replying.

Can his non-engagement prevent us from selling the family home??

brian_t

Is the 4th brother currently living in the family home.

VUDuo2

brian_t wrote: »

Is the 4th brother currently living in the family home.

No, property is vacant.

GerardKeating

VUDuo2 wrote: »

Hi,

The will of our late father states that the family home is to be sold and the money is to be divided equally amongst the 4 siblings (our mother passed away prior to his death)

For the probate application, the solicitor has requested the PPSN numbers of each sibling.
3 have provided theirs but the 4th brother is not replying.

Can his non-engagement prevent us from selling the family home??

Just wonder why would the Executor needs the PPS numbers, Perhaps they would need it to distribute the estate.

VUDuo2

GerardKeating wrote: »

Just wonder why would the Executor needs the PPS numbers, Perhaps they would need it to distribute the estate.

That's what I'm thinking too.

Our solicitor is writing to the probate office to clarify the position.
The executor (who is the eldest brother) me and my sister, all want to comply with my dad's will, hopefully the other fecker can't get in the way of what my dad & mother wanted.

Ten Pin

AFAIK an executor can get PPSN from Dept of Social Protection. Client Identity Services. The solicitor should know this.

PPSN is needed for all beneficiaries over 16750 euro value of benefit . It goes on CA24 which is a form that goes to Revenue as part of probate process.

VUDuo2

Ten Pin wrote: »

AFAIK an executor can get PPSN from Dept of Social Protection. Client Identity Services. The solicitor should know this.

PPSN is needed for all beneficiaries over 16750 euro value of benefit . It goes on CA24 which is a form that goes to Revenue as part of probate process.

Many thanks for the heads up there.

Afraid the solicitor admitted himself that probate is not his speciality - now that I know the above I can point him in that direction.

Thanks again.

P. Breathnach

The PPS number is required for Capital Acquisitions Tax returns (and, obviously, payment of tax if the inheritance exceeds the threshold).

I'd expect that the roadmap is to proceed with the execution of the will, and the withholding of the legacy of the uncooperative individual until the PPS is furnished.

[Ten_Pin's post arrives as I was contemplating the question. If that route can be followed, so much the better.]

VUDuo2

P. Breathnach wrote: »

The PPS number is required for Capital Acquisitions Tax returns (and, obviously, payment of tax if the inheritance exceeds the threshold).

I'd expect that the roadmap is to proceed with the execution of the will, and the withholding of the legacy of the uncooperative individual until the PPS is furnished.

Thanks for the above.


So, you believe probate can be granted irrespective of my brother's non-compliance and once we have the granted probate we can go ahead with the sale of house ??

Ten Pin

VUDuo2 wrote: »

So, you believe probate can be granted irrespective of my brother's non-compliance

Once he's NOT the executor, probate can be granted without him, he still gets his share of course!

VUDuo2

Ten Pin wrote: »

Once he's NOT the executor, probate can be granted without him, he still gets his share of course!

What a massive, massive relief.

He will get his share.
And he might get some money out of the sale of the house too (eventually !!)

VUDuo2

I just want to give a huge shout out of thanks to all that provided advice.

Many Many Thanks.

stringy

VUDuo2 wrote: »

Afraid the solicitor admitted himself that probate is not his speciality - now that I know the above I can point him in that direction.

Forgive me but I'm curious, you went to a professional for assistance, he admitted he wasn't sure what he was doing, you directed him in the right direction, and I assume he is going to be paid for his professional services.

Why did you not consider an alternative solicitor or one who was familiar in the area of probate?

The executor's role is to ensure the estate is administered correctly, if a solicitor is unsure as to what he is doing, how can the executor be sure everything is being done correctly?

And why should a solicitor be paid, if they did not know what they were doing?

VUDuo2

stringy wrote: »

Forgive me but I'm curious, you went to a professional for assistance, he admitted he wasn't sure what he was doing, you directed him in the right direction, and I assume he is going to be paid for his professional services.

Why did you not consider an alternative solicitor or one who was familiar in the area of probate?

The executor's role is to ensure the estate is administered correctly, if a solicitor is unsure as to what he is doing, how can the executor be sure everything is being done correctly?

And why should a solicitor be paid, if they did not know what they were doing?

The solicitor was a friend of our parents, I've had issues resolved very quickly by him in the past and I've no concerns that he'll get this done eventually - the executor feels the same way too.

I wish I could pass a compliment about a certain brother but that's families for you.

Johnny_Fontane

Just bringing this back up as I have a query thats linked to this.

What happens if the non engaging sibling is an executor? Our whole process is being held up by this one person who 'doesnt open solicitors letters'. Cant get them to do anything.

Whats the timeframe to get an executor struck off? We're over 15 months since the first contact was made by the solicitor.

nuac

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