Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Querying validity of will, post probate

  • 09-01-2025 05:56PM
    #1
    Potentially
    Registered Users, Registered Users 2 Posts: 6 ✭


    I am an executor of a relative's estate and probate was granted last month. It was simple. However, a beneficiary has now claimed - after taking a few drinks that they think/believe that there may have been/was a newer will - from which they would have benefitted more or completely, and they believe the executor got rid of the newer will.
    it was said at least 3 times. The next day the accuser apologised, however

    Do I have to do anything here? There was/is no other will.
    please advise - probate was completed personally-

    Tagged:


Comments

  • #2
    phildub
    Registered Users, Registered Users 2 Posts: 281 ✭✭phildub


    So they are accusing you of having destroyed the newer will? Unless another will is produced or this beneficiary brings some kind of contested application there is nothing to be done



  • #3
    Peregrinus
    Registered Users, Registered Users 2 Posts: 27,604 ✭✭✭✭Peregrinus


    Do I have to do anything here?

    You have to administer the will that was admitted to probate. That's your job as executor.

    You're not obliged to go on a hunt for other wills.

    However you might choose to let other family members know that it has been suggested that there was a later will. You can say that you know nothing of any later will and have no reason to think that there ever was one but, if anyone else does, they need to say so now, because if no evidence of later will is produced you're going to go ahead and administer the will that has been admitted to probate, after which it will be too late.

    If there is anything at all behind this story, and if there is going to be a row about it, you want that row to be now, before the assets are distributed and not afterwards. You also don't want anybody, ever, to be able to say that you were told about a later will and that you "supressed" this information.



  • #4
    Oscar_Madison
    Registered Users, Registered Users 2 Posts: 9,582 ✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN


    Talk to the solicitor dealing with the administration of this will - let them decide and advise - the drunk talk may be nothing but the solicitor will know how best to respond if at all



  • #5
    L1011
    Registered Users, Registered Users 2 Posts: 73,012 ✭✭✭✭L1011


    https://www.boards.ie/discussion/comment/123040345#Comment_123040345

    The OP says probate was done personally, so there is no solicitor.



  • #6
    Potentially
    Registered Users, Registered Users 2 Posts: 6 ✭Potentially


    Yes I managed Probate myself - and it has been granted.
    Spoke with a solicitor today and they said unless there is evidence , and unless they bring it to court, there is nothing for me to do now legally, …

    If I inform the beneficiaries of the accusation (albeit) made under the influence of alcohol)- all hell will break loose- relationship wise….



  • Advertisement
  • #7
    Peregrinus
    Registered Users, Registered Users 2 Posts: 27,604 ✭✭✭✭Peregrinus


    https://www.boards.ie/discussion/comment/123042486#Comment_123042486

    Your call. You'd be mainly doing it to protect yourself against accusations that you hushed anything up. You know the people involved better than we do; you may feel the risk of that is too small to justify the grief you would get it if you disclosed this claim.



  • #8
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,948 ✭✭✭GerardKeating


    https://www.boards.ie/discussion/comment/123042486#Comment_123042486

    Get a record of the appology and withdrawl of the accusation perhaps?



  • #9
    CramCycle
    Moderators, Sports Moderators Posts: 26,040 Mod ✭✭✭✭CramCycle


    Does the accuser believe it though? The apology is meaningless if they start spouting stuff behind your back. Make sure the air is clear, if they genuinely believe there is one, now is the time to act. You can't actually do anything in regards the "supposed" will unless proof arises of its existence but this person could slander you, particularly with the claim you destroyed it.

    It probably just was drink and unfounded annoyance because they thought they had more coming. This happens a lot when people swoop in to help elderly neighbours/relatives when they are near the end, thinking that this person would rewrite their will as a thank you but it rarely happens that they do.

    My father was accused of similar as an executor. The deceased left any animals in his ownership to a specific person who appeared when he started suffering dementia. The neighbour had sold them all over a year before he died. Somehow this was my fathers fault, used to get drunk and call round to our house to threaten him over it. Nothing ever happened other than that lad made a b*llicks out of himself.



Advertisement