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Beneficiary in Will refusing to give date of birth

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  • 18-06-2021 12:21pm
    #1
    Registered Users Posts: 176 ✭✭


    Is there any way around applying for Grant of Probate. one beneficiary refusing to give DOB. Have exhausted all avenues at this stage.


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Comments

  • Registered Users Posts: 6,564 ✭✭✭Allinall


    Redsquigy wrote: »
    Is there any way around applying for Grant of Probate. one beneficiary refusing to give DOB. Have exhausted all avenues at this stage.

    Put it to them that if they don’t comply with legal requirements, they will lose their inheritance.

    That should do it.


  • Registered Users Posts: 7,542 ✭✭✭GerardKeating


    Redsquigy wrote: »
    Is there any way around applying for Grant of Probate. one beneficiary refusing to give DOB. Have exhausted all avenues at this stage.

    Why do you need the DOB?


  • Registered Users Posts: 176 ✭✭Redsquigy


    Why do you need the DOB?

    Date of birth is required for Revenue


  • Registered Users Posts: 7,542 ✭✭✭GerardKeating


    Redsquigy wrote: »
    Date of birth is required for Revenue

    Thought they only wanted PPS ?


  • Registered Users Posts: 176 ✭✭Redsquigy


    Thought they only wanted PPS ?

    no, date of birth also required. A right pain this is. since September 2020 new rules on form that has to be submitted to Revenue in order to get acknowledgment. it is then submitted to probate office.


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  • Registered Users Posts: 591 ✭✭✭TheWonderLlama


    buy the client a birthday cake and then present it to them next time they're in.
    When they say its not their birthday, ask them to prove it.

    (alternatively, ask them for a copy of passport/driving licence for ID purposes)


  • Registered Users Posts: 176 ✭✭Redsquigy


    buy the client a birthday cake and then present it to them next time they're in.
    When they say its not their birthday, ask them to prove it.

    (alternatively, ask them for a copy of passport/driving licence for ID purposes)

    sounds good :) but i am executor of will not solicitor


  • Registered Users Posts: 591 ✭✭✭TheWonderLlama


    Ahhh, i see. Tell them you have to file a form of Id with the probate, let beneficiary choose which ID they want to give a copy of.

    out of sheer curiosity,. why do they not want to give DOB?


  • Registered Users Posts: 378 ✭✭Bicyclette


    If they were born in 1958 or before that, go onto www.familysearch.org and look for their birth. You may well be able to find the year and the quarter in which they were born. Then all you need is the month and the date.


  • Registered Users Posts: 176 ✭✭Redsquigy


    Ahhh, i see. Tell them you have to file a form of Id with the probate, let beneficiary choose which ID they want to give a copy of.

    out of sheer curiosity,. why do they not want to give DOB?

    i have no idea. they just will not supply it. Think mad that they did not get everything :)


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  • Registered Users Posts: 176 ✭✭Redsquigy


    Bicyclette wrote: »
    If they were born in 1958 or before that, go onto www.familysearch.org and look for their birth. You may well be able to find the year and the quarter in which they were born. Then all you need is the month and the date.

    born 1980's


  • Posts: 0 [Deleted User]


    While its ok to request DOB, I dont think theres any legal obligation is there? I mean, PPS is a unique number. Theres probable multiple Paul Murphy, DOB 01/01/1980 in the world.


  • Registered Users Posts: 176 ✭✭Redsquigy


    While its ok to request DOB, I dont think theres any legal obligation is there? I mean, PPS is a unique number. Theres probable multiple Paul Murphy, DOB 01/01/1980 in the world.

    unfortunately date of birth has to be filled in on online Revenue form. it is all to do with new Rules and it is for validation purposes


  • Posts: 0 [Deleted User]


    Redsquigy wrote: »
    unfortunately date of birth has to be filled in on online Revenue form. it is all to do with new Rules and it is for validation purposes

    Says who though? This is the legal section so Im curious as to what legislation covers this. GDPR states that it must be a reasonable request. Considering the existance of a PPS number in addition to a name, why do they need DOB?


  • Registered Users Posts: 378 ✭✭Bicyclette


    Could you give the Revenue Helpline a buzz? Explain the situation.

    But the solicitor should be helping you out here.


  • Registered Users Posts: 10,039 ✭✭✭✭Caranica


    Redsquigy wrote: »
    born 1980's

    Have you tried their social media? Other family members? Newspaper archives?


  • Registered Users Posts: 21,444 ✭✭✭✭Skid X


    If the beneficiary is a Company Director you could obtain their Date Of Birth from the Annual Return B1 form of that company (you can get this from the CRO website for a processing fee)


  • Closed Accounts Posts: 243 ✭✭Jerry Attrick


    Redsquigy wrote: »

    Is there any way around applying for Grant of Probate.

    No (unless the value of the estate is very small).

    However according to Irish Probate Law, the executor can renounce their obligation to administer the will if they wish.

    So if she (it has to be a female!) persists in playing silly buggers then you could write to all of the beneficiaries and tell them that you're going to have to quit as executor. And tell them why! And tell them that they'll probably need to employ a solicitor which could cost a lot!


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Yeah, give the Revenue helpline a ring and if they stonewall you, I'd just put down a fake date. 01/01/1980 or something, just to get past it. Nobody will care.


  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,559 Mod ✭✭✭✭Robbo


    seamus wrote: »
    Yeah, give the Revenue helpline a ring and if they stonewall you, I'd just put down a fake date. 01/01/1980 or something, just to get past it. Nobody will care.
    Do not put down a fake DOB. Knowingly giving the Revenue false information is a criminal offence.


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  • Registered Users Posts: 14,330 ✭✭✭✭jimmycrackcorm


    My suggestion is that you get a solicitor to write a letter to them explaining that unless they are forthcoming with the details required by revenue, by a certain date that you will accept it as them refusing the beneficiary and their share will be distributed to the other beneficiaries.


  • Registered Users Posts: 176 ✭✭Redsquigy


    solicitor has already asked but as they are dealing with the estate they will not enter into further negotiations with any beneficiaries. thanks for all the suggestions.


  • Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    Redsquigy wrote: »
    Is there any way around applying for Grant of Probate. one beneficiary refusing to give DOB. Have exhausted all avenues at this stage.

    Go to Joyce House in Lombard Street and buy their birth cert.


  • Registered Users Posts: 473 ✭✭Pistachio19


    How odd that they won't provide their dob. Are there any siblings? Could you ask them?


  • Registered Users Posts: 7,955 ✭✭✭_Whimsical_


    Do you need PPS in order for a parent to leave a child an inheritance?


  • Registered Users Posts: 3,472 ✭✭✭Grolschevik


    Redsquigy wrote: »
    born 1980's

    I'm pretty sure they were born on 27 July 1983.
    Prove me wrong.


  • Closed Accounts Posts: 243 ✭✭Jerry Attrick


    Do you need PPS in order for a parent to leave a child an inheritance?

    No - you need two PPSNs! One for the parent and one for the child.
    Occasionally a PPS number may be required for a deceased person, usually when dealing with grant of probate.

    In such cases, you should send a copy of the death certificate and details about why the PPS number is required to the DSP's Client Identity Services - the address is below.

    https://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/personal_public_service_number.html


  • Registered Users Posts: 267 ✭✭stopthevoting


    Go to Joyce House in Lombard Street and buy their birth cert.
    The Date of Birth is one of the pieces of information you need to provide in order to buy a Birth Certificate.


  • Registered Users Posts: 7,955 ✭✭✭_Whimsical_



    Ha, I meant more than if you wanted to include a birth child in your will but did not have a PPS for them, could you still legally do so?


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  • Registered Users Posts: 14,330 ✭✭✭✭jimmycrackcorm


    Go to Joyce House in Lombard Street and buy their birth cert.


    Unfortunately:


    To get a birth certificate you need to provide:

    full birth name on the certificate

    date of birth

    place of birth

    gender

    father's full name, if recorded

    mother's full birth name


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