Who does what

Dumb Juan

A typical scenario where a solicitor was engaged to help with an intestate estate. One of the beneficiaries (in her 80s) was the person to sign all the paperwork & apply for the grant of probate. The solicitor was to pay the beneficiaries but did not pay one for a couple of years, by that time he was to be paid he had died, also intestate in a different country. So should the solicitor fix this mess?

Claw Hammer

https://www.boards.ie/discussion/2058418129/who-does-what

What mess?

He can't bring someone back to life.
Presumably the personal representatives of the person who dies abroad can be paid the money.

Dumb Juan

Unfortunately the foreign beneficiary died without a will, apart from this inheritance, had no other assets. He didn’t have a spouse, children or siblings. His parents died before him. So probably only one Aunt & more first cousins.

So there is no personal representative. Unfortunately no close relative either.

Deeec

https://www.boards.ie/discussion/comment/123586084#Comment_123586084

Hdo you know for certain that the 2nd deceased person never received their inheritance? What was the reason they didn't receive it?

Peregrinus

https://www.boards.ie/discussion/2058418129/who-does-what

The first question is "how do you fix the mess?" That will depend on the law of the place where the deceased beneficiary resided; do they have a procedure for the informal administration of small estates and is this bequest small enough so that the deceased beneficiary's estate (which includes this bequest) will come within it? Who is now entitled to the estate of the deceased beneficiary. Can, and will, that person or those persons give the executor/adminstrator of the Irish deceased an indemnity, if the executor/adminstrator pays them directly, without them first obtaining probate of the deceased beneficiary's estate?

Once you know how to fix the mess, then you think about who should pay the costs involved. You ask whether it should be the solicitor acting for the Irish executor/adminstrator, but you've said nothing to suggest that the solicitor was in any way at fault. So why do you think the solicitor might pay?

Dumb Juan

The Irish Solicitor confirmed he has the money in the client account .

The solicitor said they didn’t know where to send the money.

Dumb Juan

It’s not a question of who pays but who does the work to fix it, which may require hiring a foreign solicitor.

Is the solicitor at fault? Well the first person dies 2015, house sold, all debts paid & three of the four beneficiaries paid by Dec 2016.The 4th person is disabled but Guardian contacted in 2016.
then nothing happens until 2025 when we’re told 4th beneficiary never got his money. Why didn’t the solicitor tell us there was a problem in 2017 or 2018 or 2019 etc?
The fourth beneficiary died in 2020. To me it looks poor & shoddy work.

Claw Hammer

https://www.boards.ie/discussion/comment/123601037#Comment_123601037

Who is to benefit from this persons estate? IS there a relative in this jurisdiction?

Deeec

https://www.boards.ie/discussion/comment/123601037#Comment_123601037

The solicitor isn't at fault if he never received the foreign beneficiaries details from whoever was the executor of the first estate. How were they meant to distribute the payment if they didn't have their details? The solicitor should only communicate with the executor or the person appointed to be executor. You said this person was in her 80s - it's likely they were communicating with her and not getting the info required.

Why don't you ask the solicitor what they recommend to do in this situation. I would imagine you are going to have to engage a solicitor in the country the dead beneficiarie died in.

Dumb Juan

https://www.boards.ie/discussion/comment/123602095#Comment_123602095

Hi,

The 1st Solicitor had all the contact details and did not send the money. Then did not communicate for 7-8 years. So I think they are at fault.

Deeec

https://www.boards.ie/discussion/comment/123602171#Comment_123602171

Well you will have to prove that they were sent all the information needed for the foreign benificiary if you are going down the road of blaming the solicitor.

Dumb Juan

https://www.boards.ie/discussion/comment/123601743#Comment_123601743

Hi Claw Hammer,

So the 4th beneficiary (who did not get the money) has some relatives (Aunts/Uncles & children of deceased aunts/uncles) in Ireland and some in his home country, also Aunts/Uncles & children of deceased aunts/uncles. So it looks like we have to do his estate abroad, to send some of the money back here.

Claw Hammer

It would be simpler if an aunt or uncle took out a grant of representation here and got the money. They could follow Irish law in the distribution.