Probate mess and issue with Executor

endofrainbow

Brief synopsis: Parent died but issue with will and therefore awaiting grant of administration. Property to be divided between 4 siblings of which one is the executor. Remaining siblings were asked to write a personal statement as to relations with their deceased father - these were requested via the Executor who said they were asked for by the Solicitor looking after probate. Executor asked they be sent to her and not to the Solicitor. My question I suppose is, should the Executor have requested those statements be sent to her and not the Solicitor? None of the siblings have seen the other's statements - only the Executor. Relations have completely broken down among the siblings and there is no communication. I just find it a little suspicious.

thoughts?

banie01

What type of statement was requested? If there is an issue with a will that precludes it's being actioned as written?

Then the entire will is invalid, as is any executor named in the will. With no valid will, there is no valid executor.

In that instance, the siblings or other beneficiaries under the succession acts could/should arrange whom amongst them is best placed to deal with extracting letters of administration and proceed with probate(or hire a solicitor to do so)

Where the "personal statement" may come from is a garbled understanding of the SA2 form for revenue. To be clear, that form relates solely to the deceased and their assets, liabilities and identity.

The only other information an executor might require for beneficiaries that springs to mind is the details needed for the IT38 required for each beneficiary. Other than that? No details as to the relationship status with their father are required.

Requesting of "personal statements" pertaining to the relationship with the deceased is, to put it mildly a complete pile of Bullshít. Such statements are not required for probate nor for solicitor.

Jim_Hodge

Details of relationship TO the deceased is one thing but a personal statement of relations WITH the deceased is bizzare to say the least.

Claw Hammer

How come there is to be a grant of administration when there is a will? Is it a grant of administration with will annexed.
Ask to see the request from the solicitor in writing before providing anything.

endofrainbow

Thanks for all the comments. My suspicion is that the Executor (who is also a beneficiary) is trying to find out if there might be a challenge to the will and trying to do this by requesting these statements. Whether or not the request came from the Solicitor, I genuinely don't know. The request was asking for details of the relationship between the father and his kids, perhaps to see if there was undue influence by any of the kids.

banie01

https://www.boards.ie/discussion/comment/123408263#Comment_123408263

Just to be clear, you mentioned that the "executor" is extracting letters of administration.

This confirms that there isn't any valid will. Where a valid will exists, the executor extracts a "grant of probate".

Where no valid will exists, the succession acts apply and as such the person nominated to administer the estate, seeks to extract letters of administration.

It may seem like just terminology and jargon but they represent 2 very different positions. Without a valid will, there cannot be a valid executor.

As such did the siblings agree to appoint the 5th sibling as the administrator for the estate? Or did the 5th sibling just assume the mantle and barrel ahead?

On the subject of the personal statements, they are a creation by the 5th sibling and worthless outside of creating strife.

With no valid will and 5 children, the division of the estate is quite straightforward as outstanding debts settled and remainder split 5 ways.

The split is lain out in law and your notion of a challenge? Would rest upon there being a valid will to challenge. There likely isn't one (as evidence by no grant of probate), so I really do think the request for "personal statements" is either the administrator completely misunderstanding what the SA2 is, or an effort to gather info for their own purposes.

Also Claw Hammer offers good insight above.