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Original Will...

  • 04-08-2011 4:15pm
    #1
    Scotty #
    Registered Users, Registered Users 2 Posts: 3,774 ✭✭✭


    If someone could be so kind as to answer the following questions I'd be very grateful...
    1. Can a solicitor withhold a Will pending (disputed) payments for legal services? I know they can withold files/paperwork but would this include a Will?
    2. Can Grant of Probate be applied for without an original copy of the Will? Even were the solicitor holding it refuses to release it to the executor?
    3. The 12 month limit for applying for a GOP... what happens if you exceed the 12 months?


Comments

  • #2
    Scotty #
    Registered Users, Registered Users 2 Posts: 3,774 ✭✭✭Scotty #


    *bump*

    Anyone? A simple YES/NO will do...


  • #3
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Scotty # wrote: »
    If someone could be so kind as to answer the following questions I'd be very grateful...
    1. Can a solicitor withhold a Will pending (disputed) payments for legal services? I know they can withold files/paperwork but would this include a Will?

    No.


  • #4
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    A solicitor can have a lien over documents in his possession and may choose to withold those documents pending payment of fees that are owed to him.

    It can be possible to apply to court to prove a Will in terms of copy where the original Will has been lost. In those circumstances, a Grant could be extracted without the original Will. However, where the original Will is still in existence, I doubt a court would allow such application.

    As regards the 12 month time limit, this is the "executor's year". My recollection is that no action can be taken against the executor within that time. I don't recall any further significance.


  • #5
    bath handle
    Banned (with Prison Access) Posts: 370 ✭✭bath handle


    A will can't be the subject of a lien, whatever about other documents. A letter should be sent to the law society about this immediately.


  • #6
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    A citation can be sought from the probate office that the original will be produced for the purposes of having it admitted to probate.


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  • #7
    Scotty #
    Registered Users, Registered Users 2 Posts: 3,774 ✭✭✭Scotty #


    Thanks everyone for your help. They haven't actually withheld the Will, I just wanted to know where I stand. Thanks.


  • #8
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    bath handle wrote: »
    A will can't be the subject of a lien, whatever about other documents.

    Where does the law state that?


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