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Confusion About A Will

  • 12-05-2013 1:55pm
    #1
    pat martin
    Registered Users Posts: 4 ✭


    2 years ago my ex partner died. A few months later 1 of his next of kin contacted me and told me a will existed with a splicitor and i was executor. She told me the existance of this will was stopping her and her brothers getting their dads inheritance. I called the solicitor and asked if they had a will, they neither said yes or no just said they would get back to me. A few months later there was no reply so i wrote to the solicitor, he then confirmed to me no will existed or was ever entered into their wills storage or index of wills. When i told this to the next of kin they showed me a letter their solicitor received from that solicitor 18 mths ago confirming the opposite that they do have a will and that I am executor of it. Why would a solicitor tell them he has a will in which i am executor but tell me he hasn't got or never had a will?


Comments

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


    pat martin wrote: »
    2 years ago my ex partner died. A few months later 1 of his next of kin contacted me and told me a will existed with a splicitor and i was executor. She told me the existance of this will was stopping her and her brothers getting their dads inheritance. I called the solicitor and asked if they had a will, they neither said yes or no just said they would get back to me. A few months later there was no reply so i wrote to the solicitor, he then confirmed to me no will existed or was ever entered into their wills storage or index of wills. When i told this to the next of kin they showed me a letter their solicitor received from that solicitor 18 mths ago confirming the opposite that they do have a will and that I am executor of it. Why would a solicitor tell them he has a will in which i am executor but tell me he hasn't got or never had a will?

    You only have partial information, some of it second-hand and possibly unreliable. You should consider retaining a solicitor to conduct a Will search to see if your ex partner left a Will.


  • #3
    pat martin
    Registered Users Posts: 4 ✭pat martin


    Thank you for your reply. As I want nothing from the Estate I would prefer not to hire a solicitor so as to avoid the expense. Is it not possible that I can just ignore the existing Will and allow his next of kin to continue with their intestate claim on his Estate? His next of kin have been delayed 18 mths already, is there any way I can allow them to continue with their claim without it costing me money?


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,494 ✭✭✭✭Victor


    pat martin wrote: »
    When i told this to the next of kin they showed me a letter their solicitor received from that solicitor 18 mths ago confirming the opposite that they do have a will
    Might there be shenanigans relating to this letter?


  • #5
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    pat martin wrote: »
    Thank you for your reply. As I want nothing from the Estate I would prefer not to hire a solicitor so as to avoid the expense. Is it not possible that I can just ignore the existing Will and allow his next of kin to continue with their intestate claim on his Estate? His next of kin have been delayed 18 mths already, is there any way I can allow them to continue with their claim without it costing me money?

    It is possible to disclaim any benefit under a will. Contact the executor of the estate, what ever fees involved in a disclaimer should be minimal and met by the estate.


  • #6
    pat martin
    Registered Users Posts: 4 ✭pat martin


    No shenanigans i'm confused... I just want his next of kin to be able to procede and settle the estate i dont want to be involved in any way is that not possible? I have talked to the executor of the intestate claim he told me his solicitor can do nothing more because this will exists, the solicitor with the will confirmed to me in writing that no will exists even though i´ve seen another letter from the same solicitor to the next of kins confirming they have a will if there is shenanigans going on its not me... Please explain what shenanigans could be goin on?


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  • #7
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    pat martin wrote: »
    No shenanigans i'm confused... I just want his next of kin to be able to procede and settle the estate i dont want to be involved in any way is that not possible? I have talked to the executor of the intestate claim he told me his solicitor can do nothing more because this will exists, the solicitor with the will confirmed to me in writing that no will exists even though i´ve seen another letter from the same solicitor to the next of kins confirming they have a will if there is shenanigans going on its not me... Please explain what shenanigans could be goin on?

    From this post its out of your hands right now OP. as a (possible) beneficiary its not up to you to administer the estate, the Intestate Administrator must sort it out with the other solicitor who may or may not hold a will. At such time as an Administrator or executor approaches you to give you a gift or bequest, then you may disclaim it.


  • #8
    pat martin
    Registered Users Posts: 4 ✭pat martin


    Thank you for your reply Valleyof...
    The original intestate administrator contacted the other solicitor and was told they could not talk about the (possible will) as that administrator is not executor of it. If i do nothing now can the intestate administrator continue and make an intestate claim? Would the probate office stop the intestate claim because there is talk about a possible will?


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