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Non agreement of Probate & Will Siblings

  • 18-10-2016 10:45am
    #1
    Storm99
    Registered Users Posts: 81 ✭✭


    Hi,
    My friend has an issue where his mum recently passed away earlier this year.
    He has 3 sisters and the family home has been left to all 4 of them.
    The eldest sister is the executor of the will.
    The youngest sister immediately moved herself and her boyfriend and kids into the mothers house just prior to the mothers passing and now does not want to leave.
    The Other two sisters are reluctantly willing to let her stay for a couple of years but my friend wants the house to be sold ASAP but the executor seems to delaying even applying for probate to facilitate the youngest sister to stay.

    What options are open to him ? Do the others have the right to ignore his wishes and give the youngest permission to stay in the house rent free ?
    Can he force the probate to be applied for or is there a time limit?
    It's causing a lot of problems for the family.

    Thanks for any help or advice !!
    Tagged:


Comments

  • #2
    Atlantic Dawn
    Registered Users, Registered Users 2 Posts: 83,586 ✭✭✭✭Atlantic Dawn
    M


    If one person wants the house sold the house needs to be valued and them given their share of the value of the home either by the other 3 or if they can not afford that by them selling the home and each getting an equal share.

    As he is in the will he can sue the executor if there is unnecessary delay in the assets being distributed, usually it should be completed within a year. The executor is also responsible for securing the assets and should have insurance in place should anything happen to the house while awaiting the distribution of the assets.
    Duties of executor or administrator

    Generally, you are obliged to distribute the assets as soon as possible after the death (within a year if possible - you may be sued by the beneficiaries if you do not distribute the estate within a year). This may not be possible if there are legal issues to be decided).

    You are under a duty to preserve the assets of the deceased until they are distributed and to protect the assets from devaluation. For example, you should make sure that all assets required to be insured are insured for their market value.

    http://www.citizensinformation.ie/en/death/the_deceaseds_estate/dealing_with_the_deceaseds_estate.html


  • #3
    P. Breathnach
    Registered Users, Registered Users 2 Posts: 12,089 ✭✭✭✭P. Breathnach


    http://www.irishstatutebook.ie/eli/1965/act/27/section/62/enacted/en/html#sec62


  • #4
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,572 Mod ✭✭✭✭Robbo


    Moderation: OP, you need to seek professional legal advice which as per the charter, cannot be dispensed here.


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