executor of a will question

squeky

hi i have a question regarding excetor's of wills and would be glad if anybody could help. my uncle died and left no will ok. so the money he has left behind is going to my aunt (he sister) and 6 of my brothers and sisters, (benificeries). now as my aunt (he sister) she is excetor of the estate. now what is her role in dispersing the monies please and does she pay the solicitor fees out of her share or what!!. she is talking about giving some money to a nice old woman down the road from my uncle who was very nice to him before he died!!!. has she a right to take it out of the whole estate or does she have to get written permission or verbal permission of my siblings(benificeries) before she takes this cash out for this old woman. or can she just take it out and say nothing to us until she has given us what we are entitlied to and then it to late for us to say"we didnt know that woman why give her anything" just saying now.
thanks a million..

chasm

Hi Squeky, Im no expert on this but if you say your uncle died without leaving a will, that means that he died intestate. So:

In the event of not making a Will, a person’s assets and property will be divided according to The Succession Act 1965. In effect this means that your spouse is entitled to your entire estate if there are no children, otherwise two-thirds to your spouse and one-third to your children. If you do not have a spouse, your estate goes to your children. If you are unmarried with no children it goes to your parents and if both parents are deceased to your brothers and sisters.

So are you sure that your brothers and sisters are beneficeries?
As regards the payment of solicitors fees, that usually comes out of the estate before the money is dispersed among the beneficeries.

templetonpeck

squeky wrote:

hi i have a question regarding excetor's of wills and would be glad if anybody could help. my uncle died and left no will ok. so the money he has left behind is going to my aunt (he sister) and 6 of my brothers and sisters, (benificeries). now as my aunt (he sister) she is excetor of the estate. now what is her role in dispersing the monies please and does she pay the solicitor fees out of her share or what!!. she is talking about giving some money to a nice old woman down the road from my uncle who was very nice to him before he died!!!. has she a right to take it out of the whole estate or does she have to get written permission or verbal permission of my siblings(benificeries) before she takes this cash out for this old woman. or can she just take it out and say nothing to us until she has given us what we are entitlied to and then it to late for us to say"we didnt know that woman why give her anything" just saying now.
thanks a million..

Hi Squeky

I'm assuming your uncle died intestate with no children, no wife and no parents, therefore all his estate is going to his siblings? I'm also assuming one sibling has predeceased him, and this sibling's share is divided between his children.

All legal costs, funeral expenses and all other expenses related to administering his estate are deducted from his estate and should not come from any body's share.

On intestacy, the person entitled to extract Letters of Administration is the next of kin, which is obviously your aunt. She is responsible for making sure all the legal costs etc mentioned above are discharged from the proceeds of sale before the money is disbursed between the beneficiaries. She is responsible for making sure everybody gets their share.

No one else is entitled to a share of the Estate whatsoever. It seems morally like a nice idea to give something to a neighbour that has shown kindness to the deceased, but legally this does not have to be done. If the parties agree to do it that's between them, but if they don't agree the Administratrix is not entitled to deduct anything from anybody elses share (other than the legal expenses) and if she wants to make such a payment, she should take it from her own share.

When the beneficiaries receive their share your aunt is obliged to give them a detailed account showing the total value of the deceased's estate and the total deductions taken from it, clearly showing how the calculation of everybody's share was reached. If the other siblings at this stage see something odd they can very much query it with your aunt and insist that they be reimbursed. Your aunt cannot unilaterily decide anything with the money.

Hope this helps.

squeky

templetonpeck wrote:

Hi Squeky

I'm assuming your uncle died intestate with no children, no wife and no parents, therefore all his estate is going to his siblings? I'm also assuming one sibling has predeceased him, and this sibling's share is divided between his children.

All legal costs, funeral expenses and all other expenses related to administering his estate are deducted from his estate and should not come from any body's share.

On intestacy, the person entitled to extract Letters of Administration is the next of kin, which is obviously your aunt. She is responsible for making sure all the legal costs etc mentioned above are discharged from the proceeds of sale before the money is disbursed between the beneficiaries. She is responsible for making sure everybody gets their share.

No one else is entitled to a share of the Estate whatsoever. It seems morally like a nice idea to give something to a neighbour that has shown kindness to the deceased, but legally this does not have to be done. If the parties agree to do it that's between them, but if they don't agree the Administratrix is not entitled to deduct anything from anybody elses share (other than the legal expenses) and if she wants to make such a payment, she should take it from her own share.

When the beneficiaries receive their share your aunt is obliged to give them a detailed account showing the total value of the deceased's estate and the total deductions taken from it, clearly showing how the calculation of everybody's share was reached. If the other siblings at this stage see something odd they can very much query it with your aunt and insist that they be reimbursed. Your aunt cannot unilaterily decide anything with the money.

Hope this helps.

thank you very much for all your help, your very good to take the time to answer me. yes my uncle died without leaving a will and he was unmarried, no children and he just had 2 sister. 1 is my mother whom died and the other is my aunt who is now the administrix. in all the 2 years it has being going on not once did we receive any correspondance from the solicitor in charge of the estate. just my aunt who is administrix is getting all the info. so we the "benificeries" are totally in the dark about it all.
ya it is a nice thing to give money to the neighbour, but my aunt is a bit of a sneak so we just were curious as to if she could take it out of all our shares and say nothing to us or not even ask our permission and just tell us when we were getting our share of estate.

squeky

chasm wrote:

Hi Squeky, Im no expert on this but if you say your uncle died without leaving a will, that means that he died intestate. So:

In the event of not making a Will, a person’s assets and property will be divided according to The Succession Act 1965. In effect this means that your spouse is entitled to your entire estate if there are no children, otherwise two-thirds to your spouse and one-third to your children. If you do not have a spouse, your estate goes to your children. If you are unmarried with no children it goes to your parents and if both parents are deceased to your brothers and sisters.

So are you sure that your brothers and sisters are beneficeries?
As regards the payment of solicitors fees, that usually comes out of the estate before the money is dispersed among the beneficeries.

hi,
my uncle was not married nor had he any kids. but he had 2 sisters. one was my mum who died and the other sister is alive and is now the administrix. so myself and my brothers and sistesr are the benificeries along with my aunt.

Rhonda9000

squeky wrote:

thank you very much for all your help, your very good to take the time to answer me. yes my uncle died without leaving a will and he was unmarried, no children and he just had 2 sister. 1 is my mother whom died and the other is my aunt who is now the administrix. in all the 2 years it has being going on not once did we receive any correspondance from the solicitor in charge of the estate. just my aunt who is administrix is getting all the info. so we the "benificeries" are totally in the dark about it all.
ya it is a nice thing to give money to the neighbour, but my aunt is a bit of a sneak so we just were curious as to if she could take it out of all our shares and say nothing to us or not even ask our permission and just tell us when we were getting our share of estate.

Just an aside..

2 years? This is a ridiculous wait. Note that if your aunt is delaying the administration of the estate, as a beneficiary you can demand distribution of the estate as one year has elapsed since death and she is (probably) no longer shielded by the executors year grace period.

templetonpeck

squeky wrote:

thank you very much for all your help, your very good to take the time to answer me. yes my uncle died without leaving a will and he was unmarried, no children and he just had 2 sister. 1 is my mother whom died and the other is my aunt who is now the administrix. in all the 2 years it has being going on not once did we receive any correspondance from the solicitor in charge of the estate. just my aunt who is administrix is getting all the info. so we the "benificeries" are totally in the dark about it all.
ya it is a nice thing to give money to the neighbour, but my aunt is a bit of a sneak so we just were curious as to if she could take it out of all our shares and say nothing to us or not even ask our permission and just tell us when we were getting our share of estate.

Not at all, you're welcome dear.

It would be normal that a solicitor would only correspond with the administratrix, particularly in a case such as yours where there are many beneficiaries. The only time a solicitor contacts all beneficiaries individually is when he's sending them their inheritance.

I know two years seems so long, but I wouldn't put all the blame at your aunt's door. Probate is an awfully long process, between the inland revenue affidavit, extracting Probate/Letters of Administration and then getting in all the money from bank accounts, life policies etc. Not to mention that a lot of solicitors put probate files on the back burner, I'm afraid to say. But you are entitled to ring the solicitor yourself. As a beneficiary under the will, you're entitled to make enquiries, if your concerned about the length of time it's taking.

Your aunt can absolutely not take any money out of the estate without telling you. Make sure that when you get your cheque you get an Administration Account from the solicitor, detailing the total amount of the estate and the amounts that had to be deducted from it. These deductions should be funeral expenses, legal fees etc only. If there's anything you're not happy with when you get the Account, contact the solicitor and your aunt immediately.

squeky

templetonpeck

thank you very much for all your help, you have made it all very clear for me now. and im very grateful. just hope it is all over very soon .my aunt is 84 years old maybe she bit to old for all the hassle of the estate, but she is in england and we the benificeries are all living in ireland.

we offered to help her but she seems very keen to do it all by herself. my brother rang the solicitor last week to find out what the delay and the solicitor dealing with the estate wouldnt talk to my brother(benificery) as he will only deal with my aunt the (administrix) it very strange i thought.

anyway thanks very much for taking the time to answer my query.

2breal

The sheer disrespect and greed in this question is disgusting. your miserable money grabbing comments are so horrid, go out and get a second job it might keep your greedy mind quite.

Mod
Zbreal - that is a disgraceful and offensive post. Please do not post again in this thread

2breal

your poor Aunt having to deal with you, have you no manners or self respect.

2breal

Your advice is ill advised. That is not the way to address questions,it is neither correct or appropriate to contact he Aunt or the solicitor directly. The Aunt is in her 80s if they have a problem hire a solicitor.

P2C

She must be 92 at this stage.

2breal wrote: »

Your advice is ill advised. That is not the way to address questions,it is neither correct or appropriate to contact he Aunt or the solicitor directly. The Aunt is in her 80s if they have a problem hire a solicitor.