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Beneficiary in Will refusing to give date of birth

2

Comments

  • Registered Users, Registered Users 2 Posts: 3,292 ✭✭✭0lddog


    athlone573 wrote: »
    ...I would be tempted just to ... be rid of the whole thing.

    +1

    Good luck to you if you think you will get a 'quote' from even one solicitor :(


  • Registered Users, Registered Users 2 Posts: 3,965 ✭✭✭NewbridgeIR


    If the other beneficiaries won't help then it means you are dealing with c*nts.

    I believe you can renounce your executor role - depends on what stage of the process it's at. Solicitor should know or else courts.ie.
    That's what I would do.

    No dialogue with c*nts.


  • Registered Users, Registered Users 2 Posts: 40,513 ✭✭✭✭ohnonotgmail


    If you are not a beneficiary i would just resign as executor and leave the mess to somebody else.


  • Registered Users, Registered Users 2 Posts: 9,320 ✭✭✭CoBo55


    Somebody is playing a clever game, you need to thread carefully here because if you get their DOB by deception you could be leaving yourself open to all sorts of hassle. I'd contact the probate office as your solicitor obviously isn't interested in helping you out. Has this person lodged a challenge to the will or are they playing for time to do so?


  • Registered Users, Registered Users 2 Posts: 1,966 ✭✭✭Andrea B.


    CoBo55 wrote: »
    Somebody is playing a clever game, you need to thread carefully here because if you get their DOB by deception you could be leaving yourself open to all sorts of hassle. I'd contact the probate office as your solicitor obviously isn't interested in helping you out. Has this person lodged a challenge to the will or are they playing for time to do so?
    It is likely that if it is dragging, probate office will step in anyhow.


  • Registered Users, Registered Users 2 Posts: 25,492 ✭✭✭✭coylemj


    Andrea B. wrote: »
    It is likely that if it is dragging, probate office will step in anyhow.

    Why would they?


  • Registered Users Posts: 176 ✭✭Redsquigy


    coylemj wrote: »
    This suggests to me that someone is holding up probate because they're living in a house which is part of the estate and which has been left to someone else. And they think they can effectively live rent-free by delaying probate forever.

    no property involved at all. just money.


  • Registered Users, Registered Users 2 Posts: 13,741 ✭✭✭✭Geuze


    Check the date of birth on the birth cert from the GRO?


  • Registered Users, Registered Users 2 Posts: 5,709 ✭✭✭jd


    Redsquigy wrote: »
    no property involved at all. just money.
    Are you also a beneficiary? If not, I'd walk away.


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  • Registered Users, Registered Users 2 Posts: 13,741 ✭✭✭✭Geuze


    jd wrote: »
    Are you also a beneficiary? If not, I'd walk away.


    OP is executor, can't walk away.


  • Registered Users, Registered Users 2 Posts: 5,709 ✭✭✭jd


    Geuze wrote: »
    OP is executor, can't walk away.
    I could have phrased it a bit better - unless OP is a beneficiary they should see if they can renounce their position as executor


  • Registered Users, Registered Users 2 Posts: 1,966 ✭✭✭Andrea B.


    coylemj wrote: »
    Why would they?
    Sorry. I thought there was a reasonable time limit to apply for probate.
    There is though (12 months?) on behalf of beneficiaries I read just now.


  • Registered Users, Registered Users 2 Posts: 6,295 ✭✭✭Claw Hammer


    Andrea B. wrote: »
    Sorry. I thought there was a reasonable time limit to apply for probate.
    There is though (12 months?) on behalf of beneficiaries I read just now.

    Beneficiaries don't apply for probate. The executor does.


  • Registered Users, Registered Users 2 Posts: 1,966 ✭✭✭Andrea B.


    Beneficiaries don't apply for probate. The executor does.
    Sorry, was not clear.
    I meant that if executor drags past 12 months to apply, then beneficiaries can ask probate office to step in.


  • Registered Users, Registered Users 2 Posts: 6,295 ✭✭✭Claw Hammer


    Andrea B. wrote: »
    Sorry, was not clear.
    I meant that if executor drags past 12 months to apply, then beneficiaries can ask probate office to step in.

    The beneficiaries are hardly in a position to complain if it is their own behaviour which is holding things up.
    In the case of someone born before 1958 in ireland it is very easy find the date of birth.
    https://www.familysearch.org/search/


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  • Registered Users Posts: 270 ✭✭stopthevoting


    In the case of someone born before 1958 in ireland it is very easy find the date of birth.
    https://www.familysearch.org/search/
    The person was born in the 1980s according to a post on the first page.


  • Registered Users, Registered Users 2 Posts: 494 ✭✭Billgirlylegs


    OP has been nominated to act "in lieu" of the person who owns the assets or money. Their responsibility is to execute the instructions in The Will, and there is a requirement under Anti-Money Laundering Legislation to confirm details of The Executor and then the beneficiaries. That is why the DOB is sought.

    I think the "PPSN" issue is irrelevant, and someone in The Probate Office has stuck it on the form because it simplifies their job.

    I think The Revenue Commissioners have fallen into the "Mandatory PPSN " rabbit hole that Regina Doherty invented a few years ago.
    Unless there is legislation to stipulate otherwise, PPSN is not required, mandatory or necessary (to mis-quote the ex minister) to either execute the terms of a will, or to receive funds as a beneficiary
    (what happens if either is not a resident / citizen of this country??)

    As there is an issue, and someone is playing games,OP needs to be very careful and consider the next move carefully.
    He /she can renounce the role at any time (and walk away if necessary)


  • Registered Users, Registered Users 2 Posts: 379 ✭✭Bicyclette


    OP has been nominated to act "in lieu" of the person who owns the assets or money. Their responsibility is to execute the instructions in The Will, and there is a requirement under Anti-Money Laundering Legislation to confirm details of The Executor and then the beneficiaries. That is why the DOB is sought.

    I think the "PPSN" issue is irrelevant, and someone in The Probate Office has stuck it on the form because it simplifies their job.

    I think The Revenue Commissioners have fallen into the "Mandatory PPSN " rabbit hole that Regina Doherty invented a few years ago.
    Unless there is legislation to stipulate otherwise, PPSN is not required, mandatory or necessary (to mis-quote the ex minister) to either execute the terms of a will, or to receive funds as a beneficiary
    (what happens if either is not a resident / citizen of this country??)

    As there is an issue, and someone is playing games,OP needs to be very careful and consider the next move carefully.
    He /she can renounce the role at any time (and walk away if necessary)

    PPSNs are required because in many cases there is CAT payable. A date of birth is required to confirm that the PPSN is correct and that the money is being allocated correctly. Non-residents or people without PPSNs are allocated PPSNs prior to distribution of assets.


  • Registered Users, Registered Users 2 Posts: 7,712 ✭✭✭GerardKeating


    Redsquigy wrote: »
    no, date of birth also required. A right pain this is. since September 2020 new rules on form that has to be submitted to Revenue in order to get acknowledgment. it is then submitted to probate office.

    Have they given you the PPN ?

    I assume you tried the other beneficiaries, if any of them are related to your problem beneficiaries, they might know the dob. Are the beneficiaries parents still alive ?


  • Registered Users, Registered Users 2 Posts: 724 ✭✭✭athlone573


    Is there a paper and ink version of the form that you can send along with a note explaining the situation?


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  • Registered Users, Registered Users 2 Posts: 6,295 ✭✭✭Claw Hammer


    The person was born in the 1980s according to a post on the first page.

    If so it should be easy to get an approximate age. There will be people around who remember the person at school. A search in the GRO will get the exact date very quickly.


  • Registered Users Posts: 176 ✭✭Redsquigy


    athlone573 wrote: »
    Is there a paper and ink version of the form that you can send along with a note explaining the situation?

    form is done on line and is submitted to revenue before it goes to probate office


  • Registered Users, Registered Users 2 Posts: 724 ✭✭✭athlone573


    If so it should be easy to get an approximate age. There will be people around who remember the person at school. A search in the GRO will get the exact date very quickly.

    Feck that inspector clouseau stuff,
    reasonable best efforts is all anyone could expect.


  • Registered Users, Registered Users 2 Posts: 724 ✭✭✭athlone573


    Redsquigy wrote: »
    form is done on line and is submitted to revenue before it goes to probate office

    Is there not some way of assisting people who are not computer literate?


  • Registered Users, Registered Users 2 Posts: 25,492 ✭✭✭✭coylemj


    athlone573 wrote: »
    Is there not some way of assisting people who are not computer literate?

    As executor, the OP is using the services of a solicitor so the forms will ultimately be submitted by the solicitor.

    To the question you ask, I suspect that if someone approaches the Probate Office to do personal probate and says they are not computer literate, they'd be told to use a solicitor. I've done personal probate and IMHO, you'd have no business attempting it if you can't do a bit of Word and Excel or equivalent.


  • Registered Users, Registered Users 2 Posts: 23,656 ✭✭✭✭ted1


    Says who though? This is the legal section so Im curious as to what legislation covers this. GDPR states that it must be a reasonable request. Considering the existance of a PPS number in addition to a name, why do they need DOB?
    A PPS entered incorrectly can easily be identified when crisis referenced with a DOB


  • Registered Users, Registered Users 2 Posts: 6,295 ✭✭✭Claw Hammer


    ted1 wrote: »
    A PPS entered incorrectly can easily be identified when crisis referenced with a DOB

    Many PPS are not linked to a DOB.


  • Registered Users, Registered Users 2 Posts: 6,295 ✭✭✭Claw Hammer


    athlone573 wrote: »
    Feck that inspector clouseau stuff,
    reasonable best efforts is all anyone could expect.

    Typical civil service answer. Do something and then start hand-wringing. The OP wants to solve his problem not find an excuse. An excuse for not doing something is not as good as doing it (in the real world).


  • Registered Users, Registered Users 2 Posts: 2,774 ✭✭✭beachhead


    Thought they only wanted PPS ?

    The personal details must match:PPPS no,name,address and DOB.Any inheritence entitlement will be dependent on the person's tax status.Age will be relevant i.e. ubder employment age or over retirement age.Remember you cannot escape death and taxes no matter.


  • Closed Accounts Posts: 243 ✭✭Jerry Attrick


    Many PPS are not linked to a DOB.

    Given that the person involved was born in the 1980's it's reasonable to assume that their parents would have claimed child allowance for them, in which case their PPSN would be linked to their date of birth in Social Welfare's systems.

    In a novel or TV series the OP would consult a Private Investigator who, when his palm was crossed with silver, would be able to use his sources to provide the required information. However, as this would probably be illegal, I wouldn't for an instant suggest such a course of action in the real world.


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  • Registered Users, Registered Users 2 Posts: 6,295 ✭✭✭Claw Hammer


    Given that the person involved was born in the 1980's it's reasonable to assume that their parents would have claimed child allowance for them, in which case their PPSN would be linked to their date of birth in Social Welfare's systems.

    .

    PPS numbers didn't exist in the 1980s. It is quite likely the person has a PPS and date of birth but the PPS number is validated by reference to the check character at the end. Once the o/p has a date of birth he can reverse engineer a PPSN.


  • Registered Users, Registered Users 2 Posts: 7,712 ✭✭✭GerardKeating


    Once the o/p has a date of birth he can reverse engineer a PPSN.

    Is it permitted to ask how to do this, just interested seeing it my PPSN could be done this way?

    And would it work both days, could one determine the dob from the PPSN?


  • Registered Users, Registered Users 2 Posts: 6,295 ✭✭✭Claw Hammer


    Is it permitted to ask how to do this, just interested seeing it my PPSN could be done this way?

    And would it work both days, could one determine the dob from the PPSN?

    It can't be done. All that can be done is to produce a PPS which will go through the validation.


  • Registered Users, Registered Users 2 Posts: 724 ✭✭✭athlone573


    Typical civil service answer. Do something and then start hand-wringing. The OP wants to solve his problem not find an excuse. An excuse for not doing something is not as good as doing it (in the real world).

    It is the civil service you are dealing with

    Nefarious methods of sourcing personal data may not be compliant with GDPR or other laws

    I understand that the only thing keeping the OP in the executor role is their conscientiousness in fulfilling the wishes of the deceased and if they are running into difficulties why wouldn't they leave it to the professionals.


  • Registered Users, Registered Users 2 Posts: 6,295 ✭✭✭Claw Hammer


    athlone573 wrote: »
    It is the civil service you are dealing with

    Nefarious methods of sourcing personal data may not be compliant with GDPR or other laws

    I understand that the only thing keeping the OP in the executor role is their conscientiousness in fulfilling the wishes of the deceased and if they are running into difficulties why wouldn't they leave it to the professionals.

    A birth cert is a public document. The birth registers are public documents. There is nothing nefarious about looking at a public register. All I suggested was a means of narrowing the search space to speed up the process. If I know someone was born in a particular year I can search that years register. Better again if I know the quarter.
    Someone born in the 1980s would have been at school in the 1990s. It should be a simple process to find out when they started secondary school, sat the leaving cert etc. They may have played on under age football teams. The o/p could easily find the general age. He knows that the birth was in the 1980s. Even if he had to start with 1980 and check up to 1989 he would get the date of birth.


  • Registered Users, Registered Users 2 Posts: 724 ✭✭✭athlone573


    A birth cert is a public document. The birth registers are public documents. There is nothing nefarious about looking at a public register. All I suggested was a means of narrowing the search space to speed up the process. If I know someone was born in a particular year I can search that years register. Better again if I know the quarter.
    Someone born in the 1980s would have been at school in the 1990s. It should be a simple process to find out when they started secondary school, sat the leaving cert etc. They may have played on under age football teams. The o/p could easily find the general age. He knows that the birth was in the 1980s. Even if he had to start with 1980 and check up to 1989 he would get the date of birth.

    Fair enough

    Personally I wouldn't go rummaging around in the register office.


  • Registered Users, Registered Users 2 Posts: 6,295 ✭✭✭Claw Hammer


    athlone573 wrote: »
    Fair enough

    Personally I wouldn't go rummaging around in the register office.

    Yes, but you are lazy.


  • Registered Users, Registered Users 2 Posts: 40,513 ✭✭✭✭ohnonotgmail


    PPS numbers didn't exist in the 1980s. It is quite likely the person has a PPS and date of birth but the PPS number is validated by reference to the check character at the end. Once the o/p has a date of birth he can reverse engineer a PPSN.
    Is it permitted to ask how to do this, just interested seeing it my PPSN could be done this way?

    And would it work both days, could one determine the dob from the PPSN?
    It can't be done. All that can be done is to produce a PPS which will go through the validation.

    can you clarify what it is that can't be done? are you still saying that the OP can reverse engineer a PPSN from a date of birth?


  • Registered Users, Registered Users 2 Posts: 6,295 ✭✭✭Claw Hammer


    can you clarify what it is that can't be done? are you still saying that the OP can reverse engineer a PPSN from a date of birth?

    I never said that in the first place.


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  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,571 Mod ✭✭✭✭Robbo


    PPS numbers didn't exist in the 1980s. It is quite likely the person has a PPS and date of birth but the PPS number is validated by reference to the check character at the end. Once the o/p has a date of birth he can reverse engineer a PPSN.
    PPS numbers may not have existed in the 1980s but their predecessors, RSI numbers did and hence we have situations where a PPS number in and of itself can be unreliable to this day.

    You have the situations where a wife was issued with her husband's RSI/PPS number with a "W" tacked onto the end. Then you have the errors and duplication that crept in when the PPS numbers (and corresponding white plastic Social Services Card) were rolled out in the late 90s. If you did business with the State bilingually back then, chances are you were issued 2 cards with 2 different PPS numbers.


  • Registered Users, Registered Users 2 Posts: 7,712 ✭✭✭GerardKeating


    PPS numbers didn't exist in the 1980s. It is quite likely the person has a PPS and date of birth but the PPS number is validated by reference to the check character at the end. Once the o/p has a date of birth he can reverse engineer a PPSN.
    I never said that in the first place.

    Technically you did, unless it's a typo


  • Registered Users, Registered Users 2 Posts: 6,295 ✭✭✭Claw Hammer


    Technically you did, unless it's a typo

    I didn't say the PPSN could be reverse engineered from a DOB. If the Op has the DOB the next thing he will need is a PPSN. I never said one could be engineered from the other. I was referring to the validation process.


  • Registered Users, Registered Users 2 Posts: 40,513 ✭✭✭✭ohnonotgmail


    PPS numbers didn't exist in the 1980s. It is quite likely the person has a PPS and date of birth but the PPS number is validated by reference to the check character at the end. Once the o/p has a date of birth he can reverse engineer a PPSN.
    I didn't say the PPSN could be reverse engineered from a DOB. If the Op has the DOB the next thing he will need is a PPSN. I never said one could be engineered from the other. I was referring to the validation process.

    that is almost word for word what you said.


  • Registered Users, Registered Users 2 Posts: 724 ✭✭✭athlone573


    Yes, but you are lazy.

    However it is an idea
    Outsourcing the DOB search to a genealogical search provider should be an allowable expense

    Dock it from the awkward persons share if you can


  • Closed Accounts Posts: 243 ✭✭Jerry Attrick



    PPS numbers didn't exist in the 1980s. It is quite likely the person has a PPS and date of birth but the PPS number is validated by reference to the check character at the end.


    Hare splitting, and somewhat misleading!

    Although the title "PPSN" didn't exist prior to 2000, the relevant number has existed for anyone born in Ireland since 1971. It was called an RSI number until 1999/2000.

    And any parent that applied for children's allowance in respect of a child born in the 1980s would have had to send in details of the child's RSI number and date of birth to the Department of Social Welfare. So the DoB would (or should!) be on the Department's records.


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  • Registered Users, Registered Users 2 Posts: 1,977 ✭✭✭Radio5


    Ask your solicitor to contact Revenue and explain the position to them. They should be able to advise on what to do.


  • Registered Users, Registered Users 2 Posts: 6,295 ✭✭✭Claw Hammer


    Hare splitting, and somewhat misleading!

    Although the title "PPSN" didn't exist prior to 2000, the relevant number has existed for anyone born in Ireland since 1971. It was called an RSI number until 1999/2000.

    And any parent that applied for children's allowance in respect of a child born in the 1980s would have had to send in details of the child's RSI number and date of birth to the Department of Social Welfare. So the DoB would (or should!) be on the Department's records.

    There was no RSI number until 1978. The Dept of Social welfare allocated RSI numbers as did the Revenue Commissioners. Parents would not be sending RSI numbers to the DSW because the parents wouldn't have had an RSI number to send.


  • Registered Users, Registered Users 2 Posts: 724 ✭✭✭athlone573


    At what age are ppsn allocated nowadays?


  • Registered Users, Registered Users 2 Posts: 40,513 ✭✭✭✭ohnonotgmail


    athlone573 wrote: »
    At what age are ppsn allocated nowadays?

    a baby gets a PPSN when their birth is registered.


  • Registered Users, Registered Users 2 Posts: 1,651 ✭✭✭wench


    Hare splitting, and somewhat misleading!

    Although the title "PPSN" didn't exist prior to 2000, the relevant number has existed for anyone born in Ireland since 1971. It was called an RSI number until 1999/2000.

    And any parent that applied for children's allowance in respect of a child born in the 1980s would have had to send in details of the child's RSI number and date of birth to the Department of Social Welfare. So the DoB would (or should!) be on the Department's records.


    Consider that back in the day, if women weren't considered worthy of their own RSI number, children certainly weren't!
    Children were only allocated an RSI number around 15 years old, ready for them to enter the workforce at 16.


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