Question about a will

Bojill

Hello,

My father made a will, leaving me his house on his passing.

He was in a nursing home over 3yrs and decided to sell the house.

He passed away after the contracts were signed.

He didn't have a chance to update the will.

So for probate, is this a valid will or should the executor route be started?

Thanks.

TooTired123

https://www.boards.ie/discussion/2058265849/question-about-a-will

It’s the only will there is as far as you know so present it to a solicitor and get the ball rolling.

coylemj

OP, is there now a pile of money in your father’s bank account? Are there siblings? Does the will mention cash bequests? Who gets the residue?

This kind of scenario can lead to unintended consequences. Say, in the will, your father left you the house, a couple of small cash bequests to your siblings and the residue to his favourite niece. What would happen after the house is sold is that you get nothing, your siblings get the stated cash bequests and the niece gets the balance, including potentially the bulk of the proceeds of the sale of the house.

Bojill

https://www.boards.ie/discussion/comment/119698194#Comment_119698194

Thanks, it's just me, no siblings, no-one else on the will. Just the house, no cash etc.

As I thought it was going to be straight forward, I was going to try to avoid a solicitor

But at this stage I'll probably just ask the solicitor who handled the house sale.

Thanks for the replies

Claw Hammer

If he signed contracts and then died, the purchaser can sue the estate for completion. You will not be able to sell the house without a grant of probate even if the purchaser walks away.

Bojill

https://www.boards.ie/discussion/comment/119705511#Comment_119705511

The sale has already completed, the purchasers have moved in.

Claw Hammer

Was the sale completed before he died or after?

robbie000

Sorry for your loss. I would be surprised if the will only left the house on its own to you. Any good solicitor would have advised to include all money in bank accounts and personal possessions to the person named in the will.

If the will is not valid as there is no property and nothing else is covered in the will. Then I am presuming it's intestate rules which means if you are the only child then you would be entitled to the estate.

You could give the probate office a call and they might be able to advise you. I found them very helpful before when dealing with them.

coylemj

https://www.boards.ie/discussion/comment/119705907#Comment_119705907

Then the buyer paid over the money and we assume it's in your late father's bank account.

You're asking us if the will is still valid. Yes, it is but apart from the house, you haven't told us what else it states - a will doesn't become invalid by virtue of the fact that at the time of his death, the testator (your father) no longer owned an asset which is mentioned in the will. What does the will say about bank accounts and (very important) does it deal with the residue?

If the will leaves the house, all monies in bank accounts and the residue to you then it's perfectly valid and you get the lot. And now that there is no property involved, you should consider doing personal (DIY) probate, you will save a lot in legal fees.

farmer2018

What's the going rate for writing up a Will and taking out an Enduring power of attorney to go with a Will?