Something fishy about the distribution of persons assets after death.

tvjunki

Can anyone explain why my relative did not receive a copy of a will or a statement of affairs for her uncle? She received a letter and cheque and does not know how the amount was calculated.

My relation received a letter from a solicitors stating that a legal personal representative on an estate of an uncle had her contact details and that the accounts were completed and she was given a small share.

She is one of5 direct relations to the uncle. No children were born. The uncle never married.

on the second page it says my relations name address and the cheque amount with the following…..

‘I hearby release and indemnify said solicitor and said executors(solicitor executors)against all actions claims costs demands expenses or tax howsoever arising or which maybe due on account of the said payments. It also states that I am solely responsible for any tax liabilities in respect of this payment’

There was no copy of the accounts or will enclosed. No pps number were requested previously.

The total amount of the payout was 1%of the estimated value of the estate. Contacted the solicitor for her and they have not returned the call or reply to an email requesting a copy of the will.

what do you think has happened? What should be the normal procedure for distribution or a deceased person estate.

Mrs OBumble

Where was the deceased living?

tvjunki

https://www.boards.ie/discussion/comment/120991908#Comment_120991908

The uncle was living at home. No mortgage attached to the house. The property was sold by the executor/ solicitor.

Mrs OBumble

In what country? Does Irish law apply, or some other jurisdiction?

mickdw

If its an Irish will, you can obtain a copy from probate office.

tvjunki

https://www.boards.ie/discussion/comment/120991975#Comment_120991975

Sorry I did not give enough information. Her uncle lived in Dublin so Irish law applies. Just seems odd the solicitor did not ask for pps number and not all relatives of equal standing were given the same. Had state and private pension and large life insurance policy as well as the property.

LambshankRedemption

https://www.boards.ie/discussion/comment/120992029#Comment_120992029

Why would the solicitor ask for the PPS number? The relatives tax affairs are their own business.

"Not all relatives of equal standing...". The only way to answer that is to see the will. They might be equal standing in your eyes but the will might state differently.

Also, unless you know the details of all assets and debts associated with the deceased, its hard to comment further.

Jim_Hodge

https://www.boards.ie/discussion/comment/120992029#Comment_120992029

The will stated how the distribution was to be carried out. There's no reason to assume all equally related beneficiaries would get equal shares. The uncle may well have favoured some over others. It wouldn't be normal to give a breakdown of the will to all beneficiaries.

tvjunki

https://www.boards.ie/discussion/comment/120992074#Comment_120992074

I thought the solicitor would have to deduct the tax if any due to the beneficiary. I know this happened with my husbands parents died. Siblings all had to give their pps as well as a few nieces that were left something.

airy fairy

I thought any beneficiary of a will has to supply PPS number, photo ID and proof of address to solicitor ?

Has probate been granted? How long ago did the death occur?

You can get a copy of the will from the probate office afaik.

holliehobbie

https://www.boards.ie/discussion/comment/120992029#Comment_120992029

But surely your relative wouldn’t be entitled to the pensions or indeed the life insurance policy proceeds? Unless they were named as the beneficiary of the insurance policy?

Kalimah

My aunt died recently( no children or spouse) so all is being divided between her two remaining siblings and various nieces and nephews. We’ve had no sight of the will yet but have been asked by the solicitor to supply our PPS, name, address, occupation(!) date of birth and if we've received any legacies since December 1991.

As far as I remember if you are a residuary legatee ( I think that’s the term) you have an entitlement to see the will. I’ll be asking for that and full accounts of what was paid to undertaker etc. Had a relative who died without anyone to mind his interests and several unscrupulous relatives “encouraged” him to leave substantial amounts to their children, at the expense of his estranged sons. Estrangement as a result of divorce, nothing else.

tvjunki

https://www.boards.ie/discussion/comment/120992128#Comment_120992128

That is what I thought. Probate granted early this year. Death 2022.

tvjunki

https://www.boards.ie/discussion/comment/120992179#Comment_120992179

No I am saying the uncle had money in his own right. There was a large life insurance policy on him so I assumed that would go in the receipts in regards to the finances. If there is no beneficiary then where would the funds from the insurance go?

Jim_Hodge

https://www.boards.ie/discussion/comment/120992213#Comment_120992213

The life insurance would go to whoever he nominated would receive it.

tvjunki

https://www.boards.ie/discussion/comment/120992181#Comment_120992181

Knew something was fishy. Forgot to say the undertaker was paid before he died as he paid his funeral and burial but the undertaker handed over another bill for €12k. Modest funeral. Burial site was already owned by his parents.

tvjunki

https://www.boards.ie/discussion/comment/120992221#Comment_120992221

If no one person was nominated will it go into the overall pot?

cnocbui

https://www.boards.ie/discussion/comment/120992074#Comment_120992074

As others have mentioned, the solicitor would ask for the PPS number and all details of all beneficiaries necessary to comply with KYC requirements, speaking as an executor who handled an estate last year.

OP, get your relation to get a copy of the probate, which will have the will attached. No point speculating when you can find out for sure what the will stated.

https://www.boards.ie/discussion/comment/120992074#Comment_120992074

A solicitor acting on behalf of the benefactor of a will, will ask for the PPSN for submission of CAT etc.

https://www.boards.ie/discussion/comment/120992116#Comment_120992116

Absolutely. Have been through this 3 times, CAT deducted from inheritance from cousin and I made Form 11 returns myself re parents. I happened to be exec in all, but benefactors details were all requested.

There are, of course, a few more dubious solicitors, but most act according to the law and won’t be requesting details they are not legally entitled to request.

Lenar3556

https://www.boards.ie/discussion/comment/120992224#Comment_120992224

I think you are jumping to conclusions.

The seeking of PPS numbers etc. by a solicitor relates to obligations they may have under anti money laundering regulations. It’s not a core element to the matter in hand, indeed if the executor had decided to distribute the estate themselves and not engage the services of a solicitor it wouldn’t arise at all.

The will is now a public document available to any Tom dick or Harry who wants to see it. Why don’t you get a look at it and see what it contains?

Jim2007

https://www.boards.ie/discussion/comment/120992029#Comment_120992029

You are making an awful lot of assumptions with very little to go on….

• You are not entitled to a copy of the will, but once admitted to probate it is a public document so you can inspect it
• That relatives were entitled to equal or any amount
• That executors are obligated to withhold taxes in all cases
• That solicitors are obligated to respond to you even though you are not their client
• That the deceased didn’t decide to give the bulk of his estate to someone outside the family
• That he actually had the wealth in the first place

I know of several cases where it was discovered that the deceased did not have the wealth they were expected to have. Bad financial decisions resulted in losses, gambling, charitable donations, being guarantee on loans for family and neighbors which were defaulted, left the bulk of the estate to charity etc..

Assume nothing, get a copy of the documents submitted for probate and go from there. If you need legal advice get a solicitor as the executors solicitor has no obligation towards you.

Jim_Hodge

https://www.boards.ie/discussion/comment/120992241#Comment_120992241

Someone would be nominated. But you're still assuming an equal distribution of funds. The man most likely did not leave all to be shared equally. Get a copy of the will.

Xander10

https://www.boards.ie/discussion/comment/120992353#Comment_120992353

A solicitor filing the form IT38 for CAT is optional. The PPS numbers for the beneficiaries, is for the Statement of Affairs which will be submitted to Revenue and provide them with details of who inherited what and what value.

tvjunki

Thank you all for your input. Will request a copy of the will.

airy fairy

https://www.boards.ie/discussion/comment/120992224#Comment_120992224

Jaysus. Was he buried in the Phoenix park or what? Definitely ott costs, unless this is Dublin city.

brownej

https://www.boards.ie/discussion/comment/120992895#Comment_120992895

Are you sure it was a bill that the undertaker provided and not just a statement or receipt.

It would be normal to have funeral costs included in the statement of affairs for the estate.

When my husband died, I paid for the funeral but it was still included by the solicitor in his estate.

tvjunki

https://www.boards.ie/discussion/comment/120996647#Comment_120996647

My eldest sibling was sent the bill in her name. They rang the funeral director and said send bill to the solicitor/ executor.