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Will dispute and settlement talks

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    #62
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,064 Mod ✭✭✭✭Seth Brundle


    https://www.boards.ie/discussion/comment/122074394#Comment_122074394

    Whatever the brother wants to do is largely irrelevant because it needs to be agreed with the estate and with the siblings.

    As for any income from the land, this needs to be properly accounted for (profits or losses). The brother appears to have no permission to be farming it so the executor needs to account for that.



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    #63
    Donald Trump
    Registered Users Posts: 19,171 ✭✭✭✭Donald Trump


    https://www.boards.ie/discussion/comment/122074408#Comment_122074408

    Whatever the brother wants to do is largely irrelevant because it needs to be agreed with the estate and with the siblings.

    Hence perhaps the desire for negotiation and settlement. He may just want his share in the form of the land whereas the others might just want it all sold and the proceeds split.



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    #64
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,064 Mod ✭✭✭✭Seth Brundle


    https://www.boards.ie/discussion/comment/122074412#Comment_122074412

    So why the need for barristers?



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    #65
    jackboy
    Registered Users Posts: 4,494 ✭✭✭jackboy


    https://www.boards.ie/discussion/comment/122074416#Comment_122074416

    Exactly. To me it looks like the brother and the executor are about to do a deal. The sisters have not been involved for seven years so there may be an attempt to steamroll them.



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    #66
    Donald Trump
    Registered Users Posts: 19,171 ✭✭✭✭Donald Trump


    https://www.boards.ie/discussion/comment/122074416#Comment_122074416

    I can't tell you that. We can only go on the OP's details of the parties falling out and not being on speaking terms. It has been going on a while and there might unfortunately be some bitterness there. It would be unlikely that the house would be worth 3X the land value. It could be, but probably not. So unless there was sufficient other assets to being the non-land percentage up to 75% there could also be arguments there as regards valuations.

    He might also be pushing for - as I mentioned - some form of claim to the land under a proprietary estoppel too. It might not be that strong, but maybe he's trying to use that as a lever. And wants legal representation there to add weight to that.



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    #67
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,064 Mod ✭✭✭✭Seth Brundle


    https://www.boards.ie/discussion/comment/122074424#Comment_122074424

    That's the impression I'm getting and I'd say that the OP and their sisters will lose out considerably. It all goes back to the need for the OP and their sisters to have their own legal representation who will be able to tell them if this meeting is even appropriate.



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    #68
    Victor
    Registered Users Posts: 78,310 ✭✭✭✭Victor


    @lateron Walk the lands between now and the meeting. Have anecdotes.



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    #69
    Donald Trump
    Registered Users Posts: 19,171 ✭✭✭✭Donald Trump


    https://www.boards.ie/discussion/comment/122074424#Comment_122074424

    The brother and the executor can't just "unilaterally" "do a deal", particularly an unfair one. The executor would be leaving themselves wide open under such a scenario.



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    #70
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,064 Mod ✭✭✭✭Seth Brundle


    https://www.boards.ie/discussion/comment/122074448#Comment_122074448

    I've seen an executor trying to favour a direct relation (who had no claim in the most recent will) and they also wanted to avoid payment of taxes due. They were threatened with High Court action if they didn't stand down (which they did).



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    #71
    jackboy
    Registered Users Posts: 4,494 ✭✭✭jackboy


    https://www.boards.ie/discussion/comment/122074448#Comment_122074448

    Of course the sisters would need to decide if they would accept the deal or challenge it. The executor would not be impacted as he is getting nothing from the estate. Legal bills will be taken from the estate. If the sisters challenge, the executor could just park the whole lot unless the sisters get solicitors and actively try to progress things. Hard to see if they do not get on together.



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    #72
    Widdensushi
    Registered Users Posts: 5,180 ✭✭✭Widdensushi


    https://www.boards.ie/discussion/comment/122074135#Comment_122074135

    You need to be wary of barristers, they are a cosy club, they might not let on but they will be working on the same side previously etc,,deals done to ensure their own income, communications you are not aware of,this will sounds straight forward,,he hasn't a case ,this " negotiation" is a money spinner for the legal teams,, you may think he is going to pay fees but eventually it will all come out of the estate,, honestly try to communicate with him yourself, people don't see the woods for the trees in these disputes and the estate could become a legal teams benefit if there's no compromise.



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    #73
    lateron
    Registered Users Posts: 107 ✭✭lateron


    https://www.boards.ie/discussion/comment/122074447#Comment_122074447

    I did last week and took videos. He has over 20 calves with no tags. I believe this is so they won't show up in the herd number to be added into the estate.



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    #74
    lateron
    Registered Users Posts: 107 ✭✭lateron


    https://www.boards.ie/discussion/comment/122074444#Comment_122074444

    I have been heavily involved from the beginning. I have pushed back at the executor so much, she did not listen. I have advised her that we are considering a legal challenge to her for how the property has devalued under her care.

    I won't agree to any deal that benefits him more than me. I do think this is a plot to bankrupt the estate so there will be nothing for anyone except legal teams.

    I am prepared for that as all along I have said a quarter of nothing is nothing. I just feel that in life he disrespected our parents and still doing it when they are gone. If he takes it to court the judge will decide and I do know he won't want that now considering how the medical notes will make him look.

    It is such a shame that this is the way it has gone.



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    #75
    whelan2
    Registered Users Posts: 29,212 ✭✭✭✭whelan2


    https://www.boards.ie/discussion/comment/122074630#Comment_122074630

    Have 20 days to tag calves after birth



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    #76
    thomas 123
    Registered Users Posts: 2,724 ✭✭✭thomas 123


    @lateron - Please take this bit of advice.

    Postpone the meeting tomorrow(Your Sick if asked), engage a reputable solicitor and take their advice.

    You need help and someone working in your interests. Like someone else said, get your sisters in on the new solicitor but do not delay. Engage one tomorrow. They should not cost that much and you will get clarity at the very least.



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    #77
    holliehobbie
    Registered Users Posts: 397 ✭✭holliehobbie


    https://www.boards.ie/discussion/comment/122074018#Comment_122074018

    Is there a court case in the High Court? Have you anything in writing from the Estate Solicitor? Why the need for barristers if it’s a straight forward Will? Presumably Probate has already been granted?



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    #78
    Ted222
    Registered Users Posts: 215 ✭✭Ted222


    https://www.boards.ie/discussion/comment/122075173#Comment_122075173

    Fully agree. Postpone and take independent legal advice. None of the players on the pitch tomorrow are on your side.



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    #79
    Donald Trump
    Registered Users Posts: 19,171 ✭✭✭✭Donald Trump


    https://www.boards.ie/discussion/comment/122074508#Comment_122074508

    Not sure if you misunderstood. The executor would indeed be impacted if he did something incorrect/illegal as they would be liable for that.

    The claim made above was that the executor and the brother might be going to "do a deal" etc. The executor does not have the power to unilaterally make any "deals" with one of the beneficiaries, contrary to the will, to the detriment of the other beneficiaries.



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    #80
    3DataModem
    Registered Users Posts: 3,962 ✭✭✭3DataModem


    OP, you have gotten some really good advice above.

    Bottom line: it appears on the face of it that the Executor has failed in their duty to protect the value of the estate, and they are personally liable for that failure. So everything they do will be to protect themselves against that liability. From their perspective the simplest solution is some sort of agreement that applies - in part - retrospectively.

    The best advice above is get your own solicitor, someone who knows land inheritance but not someone from your town or linked to the estate's solicitor. You'll have to pay them yourself, and it won't be cheap.



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    #81
    endofrainbow
    Registered Users Posts: 2,617 ✭✭✭endofrainbow


    Please seek legal advice unless you are fully qualified.

    'Anyone who represents themselves legally, has a fool for a client '. Can't recall where I heard this but it makes sense.



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    #82
    Jim2007
    Moderators, Business & Finance Moderators Posts: 10,064 Mod ✭✭✭✭Jim2007


    https://www.boards.ie/discussion/comment/122074656#Comment_122074656

    You need to stop thinking for the judiciary because you don’t understand their line of thinking! The case will be purely about the will and the law, he is not on trial and the notes on his behavior probably won’t even be considered.



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    #83
    FishOnABike
    Registered Users Posts: 4,408 ✭✭✭FishOnABike


    Unless your brother has filed a case in the high court to dispute the will I'd also be questioning why the executor has engaged the services of a barrister and who has authorised it.

    Combined with their failure to execute the terms of the will over a seven year period (assuming your brother hasn't filed a case in the High Court), I'd be seriously considering if the executor has failed in their duty.

    I'd be considering independent legal advice on any unnecessary costs claimed by the executor and whether there are solid grounds for negligence.



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    #84
    mammychicken
    Registered Users Posts: 39 ✭mammychicken


    OP if you are not happy with the Executor's failure to administer the Estate then I would urge you, very strongly, to report this to the Law Society, particularly if you attend "settlement talks" and are not satisfied with the outcome. Seems to me the property should be put on the market and net proceeds of sale together with all other income of the estate divided equally between the four siblings. If your brother wants the farm, he can buy it from the estate unless he is outbid.



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