Will not made.

SupaCat95

For anyone reading this, I dont have all the details and am getting the facts second hand from my mother. The family is very secretive. Nobody wants to upset the applecart incase it upsets future wills.

My Uncle just died. He was a bachelor farmer. Never married, no kids. He has 4 siblings. Normally as a family we are on top of things legally ie wills, deeds, legal papers and tax. How ever this uncle decided it was too expensive to get cancer treatment until it was too late and my father encourage to make a will. A will, any will, not to leave the family rowing about it and the solicitors and government to get the fat of it.

The uncle left it until the last minute and then it was too late. Now there is no will. I know there is a large cash deposit and a farm. The uncle who is next of kin wont move on the will because the land is let for another 4 years. I thought I heard once the owner is dead the lease is over and the will has to be sorted in a year. No bucking at the gate or contesting, the judges decision is final and everything is sold and divvied up N-ways. The NoK uncle doesnt want to deal with it for another 4 years as the lease has to run as we dont want to fallout with neighbours. This is all the information I have and it is second hand.

Anyone have any experience of a situation like this? What if the NoK Uncle dies? Can my parents force him to move on it?

Jim_Hodge

Not sure why you refer to an uncle next of kin having any say in it if your other uncle died intestate.

single – no parents – no children – brothers and sisters survive – some brothers and sisters have died leaving children Brothers and sisters take equal shares between them with the nephews and nieces taking their deceased parents share.


Any of his brothers or sisters can administer the estate,

AnRothar

One thing you need to get clarity on is the status of the lease.
Is it voided on the death of your uncle?

If it is then you can move to divide the assets.

If not then you may be able to partially distribute the assets starting with the large cash deposit which you refer to.

SupaCat95

Jim_Hodge wrote: »

Not sure why you refer to an uncle next of kin having any say in it if your other uncle died intestate.

Any of his brothers or sisters can administer the estate,

The uncle who is administrating would have been his Next of Kin in all other affairs. The family would turn to him for leadership.

There is also a thing I cannot probe too deeply lest I risk being cut from any future wills. Its a very frustrating position to be in because someone was too tight to spend €80 making a will.

SupaCat95

AnRothar wrote: »

One thing you need to get clarity on is the status of the lease.
Is it voided on the death of your uncle?

If it is then you can move to divide the assets.

If not then you may be able to partially distribute the assets starting with the large cash deposit which you refer to.

I dont know and it is hard to get information for the upper level of the family.
I want the Uncle to shift and deal with the problem. My parents have urged him to move. I think the reasons for not moving on it are more sentimental and honour rather than, lets tie this up legally and quickly and let people have access to the assets.

I really hope someone learns something from this sugar show. When you get married, finish college, do something important in your life. Make a bloody will to save people this grief and stress. AT least there is no one arguing about it.

qwerty13

SupaCat95 wrote: »

I dont know and it is hard to get information for the upper level of the family.
I want the Uncle to shift and deal with the problem. My parents have urged him to move. I think the reasons for not moving on it are more sentimental and honour rather than, lets tie this up legally and quickly and let people have access to the assets.

I really hope someone learns something from this sugar show. When you get married, finish college, do something important in your life. Make a bloody will to save people this grief and stress. AT least there is no one arguing about it.

What does the “upper level of the family” mean?
What does to “shift and deal with the problem” mean?
What does “urged him to move” mean?

Your uncle was perfectly entitled to deal with his assets as he saw fit. You aren’t entitled to judge his life choices as to whether he got married, finished college, did something that you view as ‘important’ with his life, or made a Will. Maybe he didn’t make a Will because he knew there’d be repercussions about who felt entitled to what, and he preferred the State laws to kick in about dividing assets.

Your anger seems highly misplaced. And I think it’s noteworthy that your reluctance to communicate about it is predicted on you being cut out of future possible inheritance. “There is also a thing I cannot probe too deeply lest I risk being cut from any future wills. Its a very frustrating position to be in because someone was too tight to spend €80 making a will.”

And also, if people dislike the ‘grief and stress’ so much, surely they can forego any share of the assets that may exist.

Flinty997

Why get involved at all...

3DataModem

The first thing that needs to happen is someone needs to be appointed Administrator of the estate, so they can legally handle the deceased person's affairs. This requires a legal document called a Grant of Representation. The Probate Registrar will make a decision if there is doubt about who is entitled to be the administrator. Any sibling can apply to be this.

Waiting for a lease to expire does not seem like a good reason to delay handling an estate. Who pays the bills?

SupaCat95

qwerty13 wrote: »

What does the “upper level of the family” mean?
What does to “shift and deal with the problem” mean?
What does “urged him to move” mean?

Your uncle was perfectly entitled to deal with his assets as he saw fit. You aren’t entitled to judge his life choices as to whether he got married, finished college, did something that you view as ‘important’ with his life, or made a Will. Maybe he didn’t make a Will because he knew there’d be repercussions about who felt entitled to what, and he preferred the State laws to kick in about dividing assets.

Your anger seems highly misplaced. And I think it’s noteworthy that your reluctance to communicate about it is predicted on you being cut out of future possible inheritance. “There is also a thing I cannot probe too deeply lest I risk being cut from any future wills. Its a very frustrating position to be in because someone was too tight to spend €80 making a will.”

And also, if people dislike the ‘grief and stress’ so much, surely they can forego any share of the assets that may exist.

The "upper level of the family" means the oldest generation, those would be my parents and uncles and aunts.
"Shift and deal with the problem" means just move the will along. Much like "the art of war", nobody benefits from a prolonged will, only the solicitors.
The Parents took legal advice and asked my oldest uncle to start proceeding to wrapping up the estate.

I never judged my uncle and never mentioned him getting married, going to college or what he did with his life. The fact is he didnt deal with his assets, he never dealt with his assets or anything which makes me furious. Kind of someone saying their life is sh*t but not doing anything about it. He was given a farm and he did literally nothing to improve it. He was warned about serious medical issues and urged by people to pursue them and he would "rather save the money".

Oh he didnt do it because he wanted the state to divide it up. He loved setting people up against each other. Now my parents are in need of that money for renovations. I am advising the parent to prepare for hyper inflation. They need insulation for the house and replacing a garage door.

You dont have to do anything in life but dont be ass and leave a mess behind to have other people clear up after you. You never knew my uncle and he had some very devious traits.

SupaCat95

SupaCat95 wrote: »

He loved setting people up against each other. Now my parents are in need of that money for renovations. I am advising the parent to prepare for hyper inflation. They need insulation for the house and replacing a garage door.

You dont have to do anything in life but dont be ass and leave a mess behind to have other people clear up after you. You never knew my uncle and he had some very devious traits.

Ahhh there we go!
Why not just do the renovations whatever way they can now, as if your uncle didn't die, then, if and when they get some of his money, they can pay it back.

Baybay

SupaCat, I understand your frustration but it seems a little misplaced, if you don’t mind me saying.
I have a completely different set of circumstances which do include a will & they are no less frustrating so a will doesn’t always alleviate things, if that helps you feel a little better!

Your uncle lived his life in a way that you wouldn’t, that’s clear.
Your family is hierarchical & seems to have a self appointed elder in your surviving uncle. Legally, from what you said he doesn’t seem to have any more say than whichever of your parents is the bereaved sibling. Perhaps that one of your parents is the one who needs to be encouraged to take the lead in this instance & speak to a solicitor about next steps. Possibly in addition to whatever other siblings might like to move things on.
At least then they’d know what’d be involved in probate, leasing & if your uncle has a right to more of a say than any of the others.

The issue with renovations etc is not really relevant unfortunately. Let your parents do their renovations or not regardless of this situation which could drag on for quite some time.

SupaCat95

bubblypop wrote: »

Ahhh there we go!
Why not just do the renovations whatever way they can now, as if your uncle didn't die, then, if and when they get some of his money, they can pay it back.

There is the assumption there that we are all mining gold. My parents were over cautious with money. Once you start holding cash and not investing, inflation would consume savings. It was just the time they were brought up in.

SupaCat95

Baybay wrote: »

Perhaps that one of your parents is the one who needs to be encouraged to take the lead in this instance & speak to a solicitor about next steps. Possibly in addition to whatever other siblings might like to move things on.
At least then they’d know what’d be involved in probate, leasing & if your uncle has a right to more of a say than any of the others.

The issue with renovations etc is not really relevant unfortunately. Let your parents do their renovations or not regardless of this situation which could drag on for quite some time.

Parents have taken legal advice and the legal process can proceed according to them. Other sibling will side with the Uncle due to family structure. They dont want to upset the family boat either too much.

The renovations are relevent when other people are suffering and other wont kick things into gear because of some farmers/neighbours code of honour. There is no legal reason to hold out divvying up assets when others are in need.

El Tarangu

How is your parents needing money for renovations in any way your dead uncle's problem?

You are just as closely-related to them as your uncle (more, even) - put up the money for the renovations yourself if you are so worried about it.

SupaCat95

El Tarangu wrote: »

How is your parents needing money for renovations in any way your dead uncle's problem?

You are just as closely-related to them as your uncle (more, even) - put up the money for the renovations yourself if you are so worried about it.

The issue is not with the dead uncle its with the living one. The living one wont carry out the divvying up of the assets as required by law. I was informed it should be done within a year.

You assume that I am mining gold. I am on disability and fighting my own war to get accommodation. If I had the ability to earn money, my parent home would be a palace. No I do not have my heart set on inheriting the family home and moving home. I am concerned with my parents well being or rather lack of it.

Baybay

SupaCat95 wrote: »

Parents have taken legal advice and the legal process can proceed according to them.....They dont want to upset the family boat either too much.

The renovations are relevent when other people are suffering......There is no legal reason to hold out divvying up assets when others are in need.

If you or they feel the two situations are linked, then your parents need to decide what’s right for them & either rock the family boat or live without the renovations.

SupaCat95

Baybay wrote: »

If you or they feel the two situations are linked, then your parents need to decide what’s right for them & either rock the family boat or live without the renovations.

Oh that is an easy answer, they will stay quiet for the sake of peace.

Baybay

SupaCat95 wrote: »

Oh that is an easy answer, they will stay quiet for the sake of peace.

It is, unfortunately, what it boils down to as far as I can see.

Claw Hammer

The issue you have is with your parents rather than your uncle.
Unfortunately you can choose your friends but you can't choose your relations!

Thoie

For your own sanity, step away, and never raise the topic again.

The only three people involved are the three remaining siblings. Any of the three of them can apply to be the administrator of the estate, and any of the three of them can object to someone else being named adminstrator.

You could suggest to all the siblings that the easiest thing (from the POV of family harmony) is to hand it all over to a solicitor, and let the solicitor handle everything. They would hopefully be impartial.

While I appreciate the money might come in handy right now, never bank on an inheritance. Even if everything was done by the book it could be 18+ months before they'd see a penny of it. And don't forget, there'll be tax to pay on anything over about €32k.