Legal advice

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Ppolly
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Legal advice

#1 Post by Ppolly »

Hi all

An elderly relative passed away recently. My father and his sister (my aunt) are the next-of-kin. There is property and land involved, and no will.
Can anyone advise what the first step should be? We are all clueless in this situation...

Thanks
P

littleredcar
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Re: Legal advice

#2 Post by littleredcar »

Go to a solicitor under the succession act the house will pass to children first if no children brothers and sisters if deceased siblings their share will go to the offspring of their siblings etc

pichet
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Re: Legal advice

#3 Post by pichet »

Its best to go to a solicitor. Your father and aunt will be the beneficiaries If they are not the son or daughter of the deceased they will probably pay inheritance tax on anything they inherit over approx 35k. My sister died without a will leaving a small estate. Our family solicitor sorted it.

rubies
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Re: Legal advice

#4 Post by rubies »

What relation is your father to him?

Ppolly
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Re: Legal advice

#5 Post by Ppolly »

Thanks for the replies.
It is my fathers brother who has died. He has no children. My father was wondering if he and his sister could 'give' the land to a particular nephew, but given that there are offspring of other deceased siblings, this is probably not possible.
In a case like this does everyone involved go to their own solicitor or does everyone use the same one?

RDR
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Re: Legal advice

#6 Post by RDR »

https://www.citizensinformation.ie/en/d ... state.html

You have to wade through it and pick out the bits that relate to being intestate.

If the deceased's siblings (who are the ones who are beneficiaries in this case) are in agreement about what should happen they could approach the same solicitor - and even ask the solicitor to act as administrator. I don't think littleredcar is correct that any share will automatically go to the off spring of other dead siblings. Even in a will you need to specify that, it isn't a given.

NellyNoggin
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Re: Legal advice

#7 Post by NellyNoggin »

RDR wrote:https://www.citizensinformation.ie/en/d ... state.html

You have to wade through it and pick out the bits that relate to being intestate.

If the deceased's siblings (who are the ones who are beneficiaries in this case) are in agreement about what should happen they could approach the same solicitor - and even ask the solicitor to act as administrator. I don't think littleredcar is correct that any share will automatically go to the off spring of other dead siblings. Even in a will you need to specify that, it isn't a given.
It says they are in the link.

RDR
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Re: Legal advice

#8 Post by RDR »

NellyNoggin wrote:
RDR wrote:https://www.citizensinformation.ie/en/d ... state.html

You have to wade through it and pick out the bits that relate to being intestate.

If the deceased's siblings (who are the ones who are beneficiaries in this case) are in agreement about what should happen they could approach the same solicitor - and even ask the solicitor to act as administrator. I don't think littleredcar is correct that any share will automatically go to the off spring of other dead siblings. Even in a will you need to specify that, it isn't a given.
It says they are in the link.
I stand corrected. Bizarre though as it isn't a given if there is a will where you need to specify.

LucyS
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Re: Legal advice

#9 Post by LucyS »

I think the best way is for your father and aunt to contact a solicitor take out a grant of administration.

I'm pretty sure littleredcar is correct. The children of the deceased siblings would take their parents share in the case of intestacy.

LucyS
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Re: Legal advice

#10 Post by LucyS »

Crossed posts :)

apache
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Re: Legal advice

#11 Post by apache »

You need a solicitor. Even if the probate is straightforward they need a grant of probate and it can be tricky if you're unfamiliar with what you're dealing with.

pichet
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Re: Legal advice

#12 Post by pichet »

As above you need to appoint one solicitor to manage the probate etc of the estate. You are all free to consult your own solicitors for advice once the solicitor handling the estate determines who the beficiaries are and what they are inheriting. Funeral expenses and outstanding bills and tax liabilities of the deceased have to be paid first from the estate by the solicitor from the deceased's estate.
Re your father giving his share to a nephew. He will first have to pay inheritance tax on what he inherits(if over 35k) and then the nephew will have to pay gift tax on the "gift" he recieves from your father so its not straight forward. The property may have to be sold to meet the tax bill.

Ppolly
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Re: Legal advice

#13 Post by Ppolly »

Thanks for all the replies - they have been very helpful.
Based on replies and what I have read since, if children of deceased siblings have a share in the estate, then it is possible/likely (?) that the farm would have to be sold to give everyone their share. I think my dad would hate to see this happen...you know the way the irish are about the land!

QUATTRO
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Re: Legal advice

#14 Post by QUATTRO »

Your father or his sister or both can act as administrator to take out Grant of Administration (probate) if they wish. The children of deceased siblings will inherit per stirpes the share of the deceased parent between them. If there is land involved an auctioneers valuation will be required so that the solicitor/administrator can complete the Inland Revenue Affidavit. The original death certificate will be required. An Administration Bond may need to be taken out (it is listed as a requirement for Dublin Probate Office in Intestacy cases although some rural solicitors applying to District Probate Registrys opt not to take it out) and this can be expensive (this is an insurance policy and must cover twice the value of the estate, premiums can be quite high).

There is a lots of information on courts.ie website setting out the list of things required, the fees involved and the Inland Revenue Affidavit is quite straightforward (again with guides on completing available online). Probate Office are very helpful with queries also for a personal application.

RDR
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Re: Legal advice

#15 Post by RDR »

Ppolly wrote:Thanks for all the replies - they have been very helpful.
Based on replies and what I have read since, if children of deceased siblings have a share in the estate, then it is possible/likely (?) that the farm would have to be sold to give everyone their share. I think my dad would hate to see this happen...you know the way the irish are about the land!
Is it possible for them to own it jointly? Though that's assuming no-one wants the value of it and all want it to stay together. Though it would be inevitable that at some stage someone who inherits down the line will want their money out. Or would there be one who could afford to buy out the others? You have to assume the owner didn't mind if it was split up or they'd have passed it on to one person.

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