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No Will - what to do?

  • 21-09-2018 7:55am
    #1
    Dow99
    Registered Users, Registered Users 2 Posts: 275 ✭✭


    Both my parents died within a few months of each other & as the title suggests there was no will.

    My father ( the latter to die), before he passed away was under the impression that the will was in place, but I spoke to his solicitor and it was only a draft.

    For the moment, I'm not concerned about inheritance as the estate will be split equally between my 3 siblings, which was mentioned in the draft will and is also the process when it's intestate.

    My issue is to get access to my fathers funds to pay for the funeral expenses / sort out life assurance ect.

    What's the best way to approach this to pay the people who's owned money. Once that's resolved I progress with probate with a solicitor


Comments

  • #2
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Dow99 wrote: »
    Both my parents died within a few months of each other & as the title suggests there was no will.

    My father ( the latter to die), before he passed away was under the impression that the will was in place, but I spoke to his solicitor and it was only a draft.

    For the moment, I'm not concerned about inheritance as the estate will be split equally between my 3 siblings, which was mentioned in the draft will and is also the process when it's intestate.

    My issue is to get access to my fathers funds to pay for the funeral expenses / sort out life assurance ect.

    What's the best way to approach this to pay the people who's owned money. Once that's resolved I progress with probate with a solicitor

    Most banks etc won't give out money without a grant of probate. Some might give small amounts. You should go to a solicitor straight away and get the application for a grant of administration on the move. It can be quite slow. There is a good chance that you won't have access to the estate funds for quitge some time. Either pay the bills yourself or tell the creditors to wait.


  • #3
    Edgware
    Registered Users, Registered Users 2 Posts: 5,874 ✭✭✭Edgware


    4ensic15 wrote: »
    Most banks etc won't give out money without a grant of probate. Some might give small amounts. You should go to a solicitor straight away and get the application for a grant of administration on the move. It can be quite slow. There is a good chance that you won't have access to the estate funds for quitge some time. Either pay the bills yourself or tell the creditors to wait.

    I dont accept that as being correct. Funeral expenses can be released before probate. It will take liason between the solicitor and the bank holding the funds. Get the invoice from the undertaker and give to the solicitor handling the estate. He/she can then forward same to the bank requesting direct payment to the undertaker.


  • #4
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    Talk to the undertakers, most of them are well aware of the complications in this type of situation and they may be able to tell you how to get funds released to pay them, it's in their interests to know how to expedite the process.


  • #5
    d9oiu2wk07blr5
    Closed Accounts Posts: 364 ✭✭d9oiu2wk07blr5


    4ensic15 wrote: »
    Most banks etc won't give out money without a grant of probate. Some might give small amounts. You should go to a solicitor straight away and get the application for a grant of administration on the move. It can be quite slow. There is a good chance that you won't have access to the estate funds for quitge some time. Either pay the bills yourself or tell the creditors to wait.


    Banks will release funds to pay funeral expenses. Just bring the bill from the undertakers up to the bank along with proof of death. They'll tell you what needs to be done. It's also possible to do a personal application for probate.

    http://www.courts.ie/Courts.ie/Library3.nsf/pagecurrent/F119B8741852DF7B8025810F005C1C0E?opendocument


  • #6
    Ghekko
    Closed Accounts Posts: 942 ✭✭✭Ghekko


    Yes the bank should release funds in the form of a bank draft, payable to funeral director, once death Cert and funeral bill are presented.
    Sorry for your losses.


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  • #7
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Hayes Thoughtless Trauma wrote: »
    Banks will release funds to pay funeral expenses. Just bring the bill from the undertakers up to the bank along with proof of death. They'll tell you what needs to be done. It's also possible to do a personal application for probate.

    http://www.courts.ie/Courts.ie/Library3.nsf/pagecurrent/F119B8741852DF7B8025810F005C1C0E?opendocument

    Some banks will and some banks won't.


  • #8
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    4ensic15 wrote: »
    Some banks will and some banks won't.

    +1 the local undertakers usually know who will and who won't. If the deceased had money in various banks, they will point you in the right direction and advise you of the format of a written letter seeking release of funds to pay their bill.

    Hence my earlier post.


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