Information about wills..... |
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the_walls
Jack Charlton 6 in a row, alive alive oh.. Joined: 13 Feb 2009 Location: Walkinstown Status: Offline Points: 5182 |
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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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irish_major
Ray Houghton Bookie Slayer Joined: 20 Jan 2009 Location: Ireland Status: Offline Points: 3937 |
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Oh yes you can
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Here we go again
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sausy
Jack Charlton MAYO FOR SAM Joined: 13 Jan 2009 Location: The local Status: Offline Points: 6989 |
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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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Bimbos Burgers - "Official Sponsor of the Irish Squad"
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Artie Ziff
Ray Houghton Joined: 10 Oct 2007 Status: Offline Points: 3619 |
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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 story
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It would damage this forums' reputation
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Zinedine Kilbane 110
Jack Charlton Man City records obsession Joined: 20 Mar 2012 Location: Dundalk Status: Offline Points: 9647 |
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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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Lenny82
Liam Brady Joined: 20 Aug 2010 Location: Ireland Status: Offline Points: 2914 |
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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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horsebox
Robbie Keane Born n bred in darndale. Joined: 03 Feb 2010 Location: Ireland Status: Offline Points: 34900 |
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Great stuff Lenny.
I thought you were a plumber
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It was far across the sea,
When the devil got a hold of me, He wouldn't set me free, So he kept me soul for ransom. na na na na na na na na na na na na na na na na na. I'm a sailor man from Glasgow to |
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Lenny82
Liam Brady Joined: 20 Aug 2010 Location: Ireland Status: Offline Points: 2914 |
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JUICEBOMB
Liam Brady Joined: 06 Oct 2011 Location: Ireland Status: Offline Points: 2104 |
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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?
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hard work beats talent when talent doesn't work hard
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Lenny82
Liam Brady Joined: 20 Aug 2010 Location: Ireland Status: Offline Points: 2914 |
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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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JUICEBOMB
Liam Brady Joined: 06 Oct 2011 Location: Ireland Status: Offline Points: 2104 |
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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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hard work beats talent when talent doesn't work hard
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pre Madonna
Robbie Keane I am MALDING Joined: 30 Nov 2014 Location: Trumpton Status: Offline Points: 44659 |
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The thread title is doing my box in!
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JUICEBOMB
Liam Brady Joined: 06 Oct 2011 Location: Ireland Status: Offline Points: 2104 |
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Don’t read it then ya prick.
Edited by JUICEBOMB - 10 Mar 2021 at 1:26pm |
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hard work beats talent when talent doesn't work hard
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pre Madonna
Robbie Keane I am MALDING Joined: 30 Nov 2014 Location: Trumpton Status: Offline Points: 44659 |
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Then I would need a mod to delete the thread.
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Sham157
Moderator Group Joined: 17 Jul 2009 Location: Monaghan/Dublin Status: Offline Points: 33212 |
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pre Madonna
Robbie Keane I am MALDING Joined: 30 Nov 2014 Location: Trumpton Status: Offline Points: 44659 |
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Baldrick
Robbie Keane Peyton-tly Pedantic Joined: 18 Sep 2008 Location: Ireland Status: Offline Points: 32815 |
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Looks like you rattled someone’s cage there PM 😀😀😀
Edited by Baldrick - 10 Mar 2021 at 2:05pm |
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AKA pedantic kunt
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Lenny82
Liam Brady Joined: 20 Aug 2010 Location: Ireland Status: Offline Points: 2914 |
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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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