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Jack Charlton
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Points: 5182 		Post Options Post Options   Thanks (0) Thanks(0)   Quote the_walls Quote  Post ReplyReply Direct Link To This Post Posted: 09 Mar 2021 at 10:10am
You can't just contest a will because you don't like the way the person who died has divided out their assets. You have to legal grounds for doing so such as there was undue influence or the person who died didn't have the capacity to make a will or didn't understand how the workings of his disposal would work.
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Originally posted by the_walls the_walls wrote:

You can't just contest a will because you don't like the way the person who died has divided out their assets. You have to legal grounds for doing so such as there was undue influence or the person who died didn't have the capacity to make a will or didn't understand how the workings of his disposal would work.
 

Oh yes you can
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Originally posted by irish_major irish_major wrote:

Originally posted by sausy sausy wrote:

Originally posted by irish_major irish_major wrote:

Wills are a waste of time when it comes down to it - the law will just take over. I would have everything singed over long before I passed as the people you want to leave everything to could potentially get screwed over.
 
I completely disagree. Ignore dividing up a multi million empire and there are some very basic things they cover off. I'm not married and me and the GF bought the house together. I have a will saying that if I die my interest in the house (and everything else) passes to her. If I was to die intestate then my interests pass to my estate who at this point would be my parents. I'm sure there have been cases out there where the parents didn't make life easy for the surviving partner so why not take the hassle out of it and have a will.

And if your family decided to contest it they would have a case and your will would be null and void.

Common law wife would potentially cover off your GF there anyway but your will isn't worth pish if someone decides to contest.  
 
Don't think there is any such thing as Common law wife in Ireland although there are some rights for co habiting couples but are subject to certain conditions. I don't think you write off wills entirely as a 100% income generating scam by solicitors, they do provide cover.
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Ray Houghton
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Originally posted by irish_major irish_major wrote:

Originally posted by the_walls the_walls wrote:

You can't just contest a will because you don't like the way the person who died has divided out their assets. You have to legal grounds for doing so such as there was undue influence or the person who died didn't have the capacity to make a will or didn't understand how the workings of his disposal would work.
 

Oh yes you can

I'm far from an expert but there must be thousands of wills in motion at any given time and if it was a simple as you are making out we would all know of countless stories of x and y happening, and it would be carnage. 

Care to share your storyBig smile
It would damage this forums' reputation
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Jack Charlton
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Obvious reasons if you think the will was fake, unfit state to make the will, under duress etc 

But overall a Will can be contested and many go to the courts if there is a lot of money involved.

My brother in law mother is going through a court case or will be soon. She was living with a guy for 10+ years in a house they bought together. He got cancer and became nasty with it. Without telling her wrote a will for his adult children from his previous marriage to have everything.
She wants to keep the house but his kids want to sell their half as per the will. She cared for him in the last year while his kids stayed in Oz. 
The house is worth circa 1M. 

The general rule in can leave your property to anyone you want under your will. This includes choosing not to give anything to certain people, even family members. The Inheritance (Provision for Family and Dependants) Act 1975 imposes a qualification to this rule by permitting a spouse, former spouse, child or dependant of a deceased to apply to court for reasonable financial provision if they don't think the deceased’s estate provides enough for them.

The test for reasonable financial provision is deliberately vague. For anyone other than a spouse, it means what is reasonable for their maintenance – so enough for them not to live in poverty, but necessarily not so much that they live in luxury. The court must consider a range of factors when deciding whether or not to make an award, including the financial resources and needs to the applicant, any obligations the deceased may have had towards them, and the financial needs of the other beneficiaries under the estate.

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Liam Brady
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Originally posted by JUICEBOMB JUICEBOMB wrote:

Originally posted by horsebox horsebox wrote:

Originally posted by Lenny82 Lenny82 wrote:

Originally posted by JUICEBOMB JUICEBOMB wrote:

Originally posted by Lenny82 Lenny82 wrote:

Only the executor gets a copy of the will. Beneficiaries are notified independently to be made aware of what they have been left. Access to the full will is only made available once probate completes.

There is no formal process for reading a will. That's just Hollywood stuff!

So I’d imagine that a solicitor is normally the executor of a will?I mean if a family member is the executor and a beneficiary  could that not lead to problems?

There will be a solicitor alright but the executor is usually a family member or close friend and they can also be a beneficiary.

Does the executor have to disclose how the estate will be divided out between family members?

I mean how will a sibling know they got a fair share.


Yeah that’s what I was thinking....plus what’s the point of an executor when the solicitor can read out the will???

Also what happens if some members of a family are left more than others,would that not cause murder if it’s been disclosed to all the family members?

Executor doesn't have to disclose how the estate is being divided out until probate is complete and individual beneficiaries get their share. At that point, anyone can request a copy of the will, and contest it if they like, but it would be hard to challenge/overturn especially if a solicitor has been involved right the way through.

An executor is more than just a name on a will. They are often left to coordinate funeral, closing out bills/accounts, emptying house, arranging sale of house, etc. I am sure a solicitor could do all that but would be outsourcing it all and charging quite a large fee for it.
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Points: 34867 		Post Options Post Options   Thanks (0) Thanks(0)   Quote horsebox Quote  Post ReplyReply Direct Link To This Post Posted: 09 Mar 2021 at 8:06pm
Great stuff Lenny.

I thought you were a plumber LOL
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He wouldn't set me free,
So he kept me soul for ransom.
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na na na na na na na na.
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LOL
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Liam Brady
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Points: 2103 		Post Options Post Options   Thanks (0) Thanks(0)   Quote JUICEBOMB Quote  Post ReplyReply Direct Link To This Post Posted: 10 Mar 2021 at 12:29am
Originally posted by Lenny82 Lenny82 wrote:

Originally posted by JUICEBOMB JUICEBOMB wrote:

Originally posted by horsebox horsebox wrote:

Originally posted by Lenny82 Lenny82 wrote:

Originally posted by JUICEBOMB JUICEBOMB wrote:

Originally posted by Lenny82 Lenny82 wrote:

Only the executor gets a copy of the will. Beneficiaries are notified independently to be made aware of what they have been left. Access to the full will is only made available once probate completes.

There is no formal process for reading a will. That's just Hollywood stuff!

So I’d imagine that a solicitor is normally the executor of a will?I mean if a family member is the executor and a beneficiary  could that not lead to problems?

There will be a solicitor alright but the executor is usually a family member or close friend and they can also be a beneficiary.

Does the executor have to disclose how the estate will be divided out between family members?

I mean how will a sibling know they got a fair share.


Yeah that’s what I was thinking....plus what’s the point of an executor when the solicitor can read out the will???

Also what happens if some members of a family are left more than others,would that not cause murder if it’s been disclosed to all the family members?

Executor doesn't have to disclose how the estate is being divided out until probate is complete and individual beneficiaries get their share. At that point, anyone can request a copy of the will, and contest it if they like, but it would be hard to challenge/overturn especially if a solicitor has been involved right the way through.

An executor is more than just a name on a will. They are often left to coordinate funeral, closing out bills/accounts, emptying house, arranging sale of house, etc. I am sure a solicitor could do all that but would be outsourcing it all and charging quite a large fee for it.


But could an executor not rip everyone off after probate and then disappear.....plus does every beneficiary have to be present when a will is disclosed or can this be done privately with each beneficiary?
hard work beats talent when talent doesn't work hard
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Liam Brady
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No, the only way an executor could technically rip everyone off would be if they ransacked the house for anything of value, or had bank cards and access to those accounts. This would be a criminal offence though, obviously.

Each beneficiary is notified independently of each other but there is nothing to stop an executor getting them all together and doing it in one go. Could be uncomfortable though.

After sale of house, funds go to solicitor and they arrange transfer to each of the beneficiaries. At no point should an executor be in possession of entire estate.
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Liam Brady
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sorry if I’m doing your box in on this Lenny......but does the executor naturally step in when the people pass on or does the solicitor contact the executor with the will and the executor takes it from there?
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The thread title is doing my box in! 
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Liam Brady
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Originally posted by pre Madonna pre Madonna wrote:

The thread title is doing my box in! 


Don’t read it then ya prick.


Edited by JUICEBOMB - 10 Mar 2021 at 1:26pm
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I am MALDING

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Originally posted by JUICEBOMB JUICEBOMB wrote:

Originally posted by pre Madonna pre Madonna wrote:

The thread title is doing my box in! 


Don’t read it then ya prick.
LOL 
Then I would need a mod to delete the thread.
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Points: 33210 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Sham157 Quote  Post ReplyReply Direct Link To This Post Posted: 10 Mar 2021 at 1:47pm
Originally posted by pre Madonna pre Madonna wrote:

Originally posted by JUICEBOMB JUICEBOMB wrote:

Originally posted by pre Madonna pre Madonna wrote:

The thread title is doing my box in! 


Don’t read it then ya prick.
LOL 
Then I would need a mod to delete the thread.
Title corrected. 
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I am MALDING

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ClapLOL
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Originally posted by pre Madonna pre Madonna wrote:

ClapLOL


Looks like you rattled someone’s cage there PM 😀😀😀


Edited by Baldrick - 10 Mar 2021 at 2:05pm
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Originally posted by JUICEBOMB JUICEBOMB wrote:

sorry if I’m doing your box in on this Lenny......but does the executor naturally step in when the people pass on or does the solicitor contact the executor with the will and the executor takes it from there?

It depends. Most executors will know they are the executor and the deceased will have told them where the will is, who the solicitor is, etc. Some executors will be privy to the contents of the will before the deceased passes, others won't want to know.

Solicitor won't know when the deceased has passed so they depend on the executor notifying them of this and then they release a copy of the will to the executor.
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