If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)

Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Non agreement of Probate & Will Siblings

Storm99 · 2016-10-18 09:45:45

Hi, My friend has an issue where his mum recently passed away earlier this year. He has 3 sisters and the family home has been left to all 4 of them. The eldest sister is the executor of the will. The youngest sister immediately moved herself and her boyfriend and kids into the mothers house just prior to the mothers…

18-10-2016 9:45am

#1
Storm99

Registered Users, Registered Users 2 Posts: 81 ✭✭

Join Date: June 2006

Posts: 33
Hi,
My friend has an issue where his mum recently passed away earlier this year.
He has 3 sisters and the family home has been left to all 4 of them.
The eldest sister is the executor of the will.
The youngest sister immediately moved herself and her boyfriend and kids into the mothers house just prior to the mothers passing and now does not want to leave.
The Other two sisters are reluctantly willing to let her stay for a couple of years but my friend wants the house to be sold ASAP but the executor seems to delaying even applying for probate to facilitate the youngest sister to stay.

What options are open to him ? Do the others have the right to ignore his wishes and give the youngest permission to stay in the house rent free ?
Can he force the probate to be applied for or is there a time limit?
It's causing a lot of problems for the family.

Thanks for any help or advice !!

Tagged:

probate

0

Comments

#2 18-10-2016 9:53am

Atlantic Dawn

Registered Users, Registered Users 2 Posts: 84,764 ✭✭✭✭

M

Join Date: January 2010

Posts: 84337

If one person wants the house sold the house needs to be valued and them given their share of the value of the home either by the other 3 or if they can not afford that by them selling the home and each getting an equal share.

As he is in the will he can sue the executor if there is unnecessary delay in the assets being distributed, usually it should be completed within a year. The executor is also responsible for securing the assets and should have insurance in place should anything happen to the house while awaiting the distribution of the assets.

Duties of executor or administrator

Generally, you are obliged to distribute the assets as soon as possible after the death (within a year if possible - you may be sued by the beneficiaries if you do not distribute the estate within a year). This may not be possible if there are legal issues to be decided).

You are under a duty to preserve the assets of the deceased until they are distributed and to protect the assets from devaluation. For example, you should make sure that all assets required to be insured are insured for their market value.

http://www.citizensinformation.ie/en/death/the_deceaseds_estate/dealing_with_the_deceaseds_estate.html

0
#3 18-10-2016 9:54am

P. Breathnach

Registered Users, Registered Users 2 Posts: 12,089 ✭✭✭✭

Join Date: November 2001

Posts: 11056

http://www.irishstatutebook.ie/eli/1965/act/27/section/62/enacted/en/html#sec62

0
#4 18-10-2016 10:00am

Robbo

Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭

Join Date: November 1999

Posts: 10096

Moderation: OP, you need to seek professional legal advice which as per the charter, cannot be dispensed here.

0