Jurisdiction?

cnocbui

A relative died some time ago in Australia. They made their will in Australia, which included gifting a share in a property in Ireland to minors, on their reaching 18.

The relative's executor in Australia died before the minors reached 18. The executors executor is still extant - me.

Given that the will was drafted in Australia by a legal professional on the basis of Australian law, and that at the time it came into effect, all parties were living in Australia, shouldn't the gifting of the property be executed on the basis of Australian law? I and the beneficiaries now live in Ireland

I have established that under Australian law, the executor of an executor who dies on the job, inherits their role and that an executor dying does not affect the entitlements of the beneficiaries to the will.

I have had an Irish legal opinion that I can not act act as executor and that the property may have become residual, which would disinherit the intended beneficiaries.

So can I get an Australian solicitor to execute the will so that its intent is carried out?

Kings Inns or bust

I'm not sure there will be an over abundance of Australian Legal knowledge here - but who knows.

May I be as bold as to ask why you can't consult an Aussie solicitor? Perhaps someone might suggest one in the Aussie forum here if there is such a thing?

cnocbui

I can consult an Australian solicitor, and may well have to do so, but that would be dependent on whether they would have jurisdiction to act, hence my query.

nuac

Mod
Sorry, cannot get advice on this here
Suggest you talk to your own solicitor.
Many offices here have legal contacts in Australia, or with modern comms can easily make those contacts
Closing thread