Information about wills.....
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Topic: Information about wills.....
Posted By: JUICEBOMB
Subject: Information about wills.....
Date Posted: 08 Mar 2021 at 10:58pm
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How do wills work now.....are they like you see on the tv with a solicitor sitting at a table and all the family waiting to hear the outcome or are there different methods????plus what role does the executor of the will play and what powers do they have?.. ------------- hard work beats talent when talent doesn't work hard |
Replies:
Posted By: McG
Date Posted: 08 Mar 2021 at 11:01pm
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Well it depends if you are talking about writing/making one or being a beneficiary. An executor of a will is just somebody entrusted with ensuring your wishes are carried out. But normally the law takes care of that part when it comes to distribution of any estate or few bob. ------------- YBIG Table Quiz winner 2016 & 2017 AS YOU WERE McGx |
Posted By: JUICEBOMB
Date Posted: 08 Mar 2021 at 11:13pm
Beneficiary of a will McG.so the executor just makes sure the beneficiaries got there few bob or whatever their due from the will.does the executor get to read out the will or get a copy of it?
------------- hard work beats talent when talent doesn't work hard |
McG wrote:Posted By: McG
Date Posted: 08 Mar 2021 at 11:16pm
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Haven’t found myself in that position yet thankfully but hollywood dramatic effect aside, I’m sure it’s something like that only way more boring and red tape and inheritance tax and sh*te. ------------- YBIG Table Quiz winner 2016 & 2017 AS YOU WERE McGx |
Posted By: Lenny82
Date Posted: 08 Mar 2021 at 11:34pm
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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!
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Posted By: Denis Irwin
Date Posted: 08 Mar 2021 at 11:37pm
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So long as it isn't Lionel Hutz you'll be fine ------------- Eamonn Dunphy:"I'll tell you who wrote it, Rod Liddle, he's the guy who ran away and left his wife for a young one". Bill O'Herlihy: Ah ye can't be saying that now Eamonn |
Posted By: JUICEBOMB
Date Posted: 08 Mar 2021 at 11:46pm
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? ------------- hard work beats talent when talent doesn't work hard |
Posted By: Baldrick
Date Posted: 08 Mar 2021 at 11:59pm
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where there is a will there is a relative. ------------- AKA pedantic kunt |
Posted By: Zinedine Kilbane 110
Date Posted: 09 Mar 2021 at 8:31am
Where there is lots of money there is a dispute. ------------- |
Posted By: Lenny82
Date Posted: 09 Mar 2021 at 8:31am
There will be a solicitor alright but the executor is usually a family member or close friend and they can also be a beneficiary.
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Posted By: Baldrick
Date Posted: 09 Mar 2021 at 8:39am
As newryrep is a man who hates an argument he plans to leave f**k all 😀 ------------- AKA pedantic kunt |
Posted By: horsebox
Date Posted: 09 Mar 2021 at 8:57am
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.
------------- 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 |
Posted By: irish_major
Date Posted: 09 Mar 2021 at 9:23am
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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. ------------- Here we go again |
Posted By: JUICEBOMB
Date Posted: 09 Mar 2021 at 9:31am
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? ------------- hard work beats talent when talent doesn't work hard |
Posted By: sausy
Date Posted: 09 Mar 2021 at 9:34am
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. ------------- Bimbos Burgers - "Official Sponsor of the Irish Squad" |
Posted By: sausy
Date Posted: 09 Mar 2021 at 9:35am
you can challenge a will ------------- Bimbos Burgers - "Official Sponsor of the Irish Squad" |
Posted By: irish_major
Date Posted: 09 Mar 2021 at 9:39am
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. ------------- Here we go again |
Posted By: JUICEBOMB
Date Posted: 09 Mar 2021 at 10:09am
Going down a messy route there no? ------------- hard work beats talent when talent doesn't work hard |
Posted By: the_walls
Date 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. |
Posted By: irish_major
Date Posted: 09 Mar 2021 at 12:22pm
Oh yes you can ------------- Here we go again |
Posted By: sausy
Date Posted: 09 Mar 2021 at 12:26pm
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. ------------- Bimbos Burgers - "Official Sponsor of the Irish Squad" |
Posted By: Artie Ziff
Date Posted: 09 Mar 2021 at 2:59pm
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  ------------- It would damage this forums' reputation |
Posted By: Zinedine Kilbane 110
Date Posted: 09 Mar 2021 at 4:20pm
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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. ------------- |
Posted By: Lenny82
Date Posted: 09 Mar 2021 at 8:00pm
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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Posted By: horsebox
Date Posted: 09 Mar 2021 at 8:06pm
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Great stuff Lenny. I thought you were a plumber  ------------- 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 |
Posted By: Lenny82
Date Posted: 09 Mar 2021 at 8:20pm
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Posted By: JUICEBOMB
Date Posted: 10 Mar 2021 at 12:29am
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 |
Posted By: Lenny82
Date Posted: 10 Mar 2021 at 9:02am
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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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Posted By: JUICEBOMB
Date Posted: 10 Mar 2021 at 10:37am
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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? ------------- hard work beats talent when talent doesn't work hard |
Posted By: pre Madonna
Date Posted: 10 Mar 2021 at 10:54am
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The thread title is doing my box in! ------------- Greed has won, big finance has won. Whatever small role elite clubs still play in the local communities from which they grew is dwarfed now by their position as global brands. |
Posted By: JUICEBOMB
Date Posted: 10 Mar 2021 at 1:26pm
Don’t read it then ya prick.
------------- hard work beats talent when talent doesn't work hard |
Posted By: pre Madonna
Date Posted: 10 Mar 2021 at 1:34pm
Then I would need a mod to delete the thread. ------------- Greed has won, big finance has won. Whatever small role elite clubs still play in the local communities from which they grew is dwarfed now by their position as global brands. |
Posted By: Sham157
Date Posted: 10 Mar 2021 at 1:47pm
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Posted By: pre Madonna
Date Posted: 10 Mar 2021 at 1:59pm
 ------------- Greed has won, big finance has won. Whatever small role elite clubs still play in the local communities from which they grew is dwarfed now by their position as global brands. |
Posted By: Baldrick
Date Posted: 10 Mar 2021 at 2:04pm
Looks like you rattled someone’s cage there PM 😀😀😀
------------- AKA pedantic kunt |
Posted By: Lenny82
Date Posted: 10 Mar 2021 at 2:08pm
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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Posted By: pre Madonna
Date Posted: 10 Mar 2021 at 2:09pm
I like to think I do it more often, just without them making it so obvious. ------------- Greed has won, big finance has won. Whatever small role elite clubs still play in the local communities from which they grew is dwarfed now by their position as global brands. |
Posted By: 9fingers
Date Posted: 10 Mar 2021 at 2:26pm
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Posted By: NewtNewbie
Date Posted: 10 Mar 2021 at 4:03pm
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He's a bald, toothy twat, and I prefer Kate. But I like Meghan even more. She's a human wrecking-ball, and the sooner the monarchy are abolished the better. Only the country that invented the atomic bomb could come up with someone quite so destructive.
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Posted By: JUICEBOMB
Date Posted: 11 Mar 2021 at 12:18am
Good one 👌👌 ------------- hard work beats talent when talent doesn't work hard |