Will

rule supreme

Hi I am looking for some information. A distant relative left my dad a house in his will when he died 20 years ago . The man's wife lived up till earlier this year but has been in a home the last ten years and hasn't recognised anyone in years . I am just wondering what happens next . How might we go about finding out about the will .

AnRothar

Someone obviously told your dad that the will existed.

Can your dad start with them?

TooTired123

https://www.boards.ie/discussion/2058263949/will

Your dad needs to go to a solicitor and ask them to deal with it. I’m assuming the widow has died? The more information you can give the solicitor the better. The name and date of death etc of the man who made the will, his PPSN if possible.

rule supreme

https://www.boards.ie/discussion/comment/119636916#Comment_119636916

Sorry the relative made the will 20 years ago that's why we know it exists . don't know if she made a will but he made one 20 years ago . It hasn't been spoken about since it was made .

rule supreme

https://www.boards.ie/discussion/comment/119638055#Comment_119638055

Ye she died earlier this year . Would it have to be the same solicitor that made the will .

coylemj

You said that the husband died 20 years ago. Did his will go to probate i.e. did anyone take out administration on his estate?

You don't have to use the solicitor who drew up the will. Although, when drafting a will, some solicitors will include a clause specifying that he/she (the same solicitor) be engaged to do the administration of the estate but that has no legal effect. It's down to the executor as to which solicitor (if any) to use.

rule supreme

https://www.boards.ie/discussion/comment/119638271#Comment_119638271

No nothing happened after he died . She was still living in her house so we didn't think there was anything to do because it was her house to .

Marcusm

https://www.boards.ie/discussion/comment/119638344#Comment_119638344

Your dad is probably not entitled to any element of the house as it would most likely not have been the husband’s property to include in the will. Most married couples would occupy a family home as joint tenants meaning the wife would have acquired the husband’s interest by survivorship on his death. It will have then been up to her to decide whom to leave it to. If they held it as tenants-in-common it might have been possible for the husband to leave his element to your father but this will have been subject to satisfaction of the wife’s legal right share under the Succession Act from some other assets.

TooTired123

https://www.boards.ie/discussion/comment/119638155#Comment_119638155

The only way to get to the bottom of it is to go to any solicitor at all and provide them with all the information you can give, and they’ll get back to you in time. There’s nothing really you can do yourselves.

rule supreme

https://www.boards.ie/discussion/comment/119638492#Comment_119638492

Thanks , ye this makes sense . Ye we have all there information , we were close to them.

rule supreme

Just an update on this . The solicitor was in contact after receiving contact from revenue . My relatives wife had been receiving non contributory pension and was overpaid to the amount of 160 k over a 33 year period . How would this have been missed for so long .Is this final or could it be a mistake .Thanks

AnRothar

https://www.boards.ie/discussion/comment/121861133#Comment_121861133

160000/33/52 is about €90 per week.

When the lady applied she would have had to do some form of statement of means.

It is also likely in the intervening 33 years a request for an update (possibly on her husband's passing) would have issued.

Dis she have a will herself?

If so who is the executor as it's their responsibility to discharge any debts.

AnRothar

Also it's likely that whoever is dealing with this will first have to sort the husband's estate.

Then they should move to the wife's.