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Cost of HC application to appoint new executor

  • 08-09-2019 11:31am
    #1
    cnocbui
    Registered Users Posts: 19,651 ✭✭✭✭


    Would anyone know, roughly, how much it might cost to get the high court to assign an executor?

    My brother died some time ago, leaving his share in a property in Ireland, to my children. His will was written in Australia, and he died there, and it was worded assuming Australian law. Unfortunately, Irish law applies.

    His executor was unable to transfer the property until the children turned 18, as per his Will, but unfortunately died before that happened. His Will mentioned giving his ex any residual from his estate. He and his ex wife didn't part on great terms.

    Irish law sees his 'residual legatee' as now being the most appropriate person to enact the property title transfer.

    Unfortunately, the Irish legal system wants this person to swear that I have no other children than those mentioned, and to provide a personal financial guarantee of twice the property value, if some other children of mine were to appear out of the woodwork at a later date.

    She is unwilling to do this so won't agree to transfer the property, so I believe it would have to go to the high court to assign someone else to do the deed, hence my wondering how much this might entail.


Comments

  • #2
    Peregrinus
    Registered Users Posts: 26,021 ✭✭✭✭Peregrinus


    If she doesn't want to do it she can disclaim in favour of somebody who does, which would most likely be your children, or one of them - they have an obvious interest in getting the estate administered. She should be disposed to co-operate in this, since she will still get her residual share of the estate.

    Yes, it requires a probate application. No, this should't be a big hearing; if you have your papers in order it should go through smoothly. It'll cost, but presumably the property to be inherited is valuable, so it's worth spending the money. Instruct a solicitor.


  • #3
    cnocbui
    Registered Users Posts: 19,651 ✭✭✭✭cnocbui


    Many thanks for your reply.

    Unfortunately there is no residual of the estate for her to benefit from, as that would be an incentive, as you suggest.

    I don't think she can be persuaded to do anything whatsoever that involves signing a piece of paper. She has asked for clarifications, further details, assurances ... she mentioned showing the documents to a friend who's a lawyer ... nothing happens, months go by without a reply.

    Part of my reason for wanting a rough idea of what taking this to the High Courts might cost is I have thought of offering an inducement, so want to know how to judge that. The property is rural, mostly agricultural and problematic in terms of value and disposal.

    I have instructed a solicitor.


  • #4
    cnocbui
    Registered Users Posts: 19,651 ✭✭✭✭cnocbui


    Would no one be willing to give me a ballpark Idea of what taking this to the High Court might cost? €5,000, €10,000, €20,000+?


  • #5
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Mod
    Closed. your solicitor will advise you


This discussion has been closed.
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