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no will made

  • 12-10-2018 11:35am
    #1
    Posts: 18,749 ✭✭✭✭


    this is the only place i can think to post this question.

    if, hypothetically, a parent died in the 1980's & one son claimed a will was made, making him the sole benificiary, & 30 years later it comes out that there was no will at all.
    what could the outcome be? would the other siblings now have a claim to the original home house or is it too late?


Comments

  • Registered Users, Registered Users 2 Posts: 4,077 ✭✭✭3DataModem


    bubblypop wrote: »
    this is the only place i can think to post this question.

    if, hypothetically, a parent died in the 1980's & one son claimed a will was made, making him the sole benificiary, & 30 years later it comes out that there was no will at all.
    what could the outcome be? would the other siblings now have a claim to the original home house or is it too late?

    It would have been very difficult to transfer a house from an estate to a son without a solicitor. Is it possible that the house has not actually been transferred, but sits in estate limbo?


  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    3DataModem wrote: »
    It would have been very difficult to transfer a house from an estate to a son without a solicitor. Is it possible that the house has not actually been transferred, but sits in estate limbo?

    it could be possible i guess, sole beneficiary just 'takes over' the house...
    if that did happen, would it be likely that person would have ownership now anyway, after using it for so long?


  • Registered Users, Registered Users 2 Posts: 4,077 ✭✭✭3DataModem


    bubblypop wrote: »
    it could be possible i guess, sole beneficiary just 'takes over' the house...
    if that did happen, would it be likely that person would have ownership now anyway, after using it for so long?

    It is very unlikely. I don't believe there is a legal basis of 'stealers-keepers' and adverse possession doesn't apply.


  • Closed Accounts Posts: 942 ✭✭✭Ghekko


    If the estate had to go through probate wouldnt there be a record of it and public access to the will?


  • Registered Users, Registered Users 2 Posts: 2,432 ✭✭✭SusanC10


    Have you checked who is listed as owner in the Land Registry ? You can check online for a small fee.


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  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    bubblypop wrote: »
    if, hypothetically, a parent died in the 1980's & one son claimed a will was made, making him the sole benificiary, & 30 years later it comes out that there was no will at all.

    Did the other siblings just roll over and let him take possession of the house? Without asking him to produce the hypothetical will?


  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    coylemj wrote: »
    Did the other siblings just roll over and let him take possession of the house? Without asking him to produce the hypothetical will?

    Yep, I think that is the situation. But no one would believe he would lie about something like that!


  • Closed Accounts Posts: 942 ✭✭✭Ghekko


    http://www.courts.ie/Courts.ie/Library3.nsf/pagecurrent/B4C951B57339C2C98025810F0057286D?opendocument

    Might be worth doing a search just to see if the will existed and stated what the brother said.


  • Banned (with Prison Access) Posts: 150 ✭✭rovertom


    SusanC10 wrote: »
    Have you checked who is listed as owner in the Land Registry ? You can check online for a small fee.

    You can actual pull the owners name free if you know how to navigate through it.


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