Settlement of an Estate - Grant of Representation

mazi

Hi All,

Looking for some advice on this please from anyone that has been in a similar situation. A family member passed away 2 years ago without a will. A solicitor has been dealing with it and still nothing has been finalized. Right now they have lodged an application for Grant of Representation which they say takes 10-12 weeks. I keep asking about fees to date and what work has been done on the file- they say they cannot give an amount ( surely they must have an idea )?

I should note there are assets overseas in 2 different countries - do applications for assets outside of Ireland take substantially longer? They also say they need to apply for a grant for each of the other countries to access funds.

My concern is they charge crazy money for very little evidence of the work being done. Should I be on their tails regularly about this?

tax_tutor1

Who instructed the solicitor to take out the Grant of Administration Intestate and who swore out the Oath of Administration Intestate- nearest surviving next-of-kin has the entitlement unless disclaimed

The solicitor should have provided an estimate of fees to that person and will only deal with that person in relation to queries.

Which jurisdiction are the non-Irish assets located and what is approximate value for each location?

mazi

I would assume that would be the executor of his estate ( his wife) as no will was made. It would go to her by default?

The assets are located in Isle of Man & u.s.a.

tax_tutor1

His spouse will be entitled to apply for Grant unless she disclaims.

She would be entitled to 2/3 of the estate with reminding 1/3 split between the children. If no children she takes all.

Foreign located assets will slow down the processing of the estate and depending on the values involved may require administration in those jurisdictions. The Irish solicitor may require a local agent to act and deal with all legal and tax matters in the foreign jurisdictions. Clearly this would add to overall fees involved in the estate.

TooTired123

I’d imagine there’s another 12 months at least and a hefty bill.

Peregrinus

Unless you are his wife, and you instructed them, the fees are no concern of yours and the solicitors will not discuss them with you.

endofrainbow

https://www.boards.ie/discussion/comment/118451462#Comment_118451462

there would be no executor if no will was made.

Peregrinus

https://www.boards.ie/discussion/comment/118456410#Comment_118456410

No. But the probate office will appoint an administrator, which is basically the same thing, and the deceased's wife has the primary right to apply to be appointed.