To request a copy of the will?

[layna12]

Hello

In 2017, my great aunt passed away.

I was told immediately that the house had been left to her three nieces and nephew (my mum and her siblings). My aunt had no children.

My Mum also told me that when the house was sold, I would receive some of the money (from her inheritance).

The house sold at auction last February (it was run down and no buyers so went to auction).

My uncle (mum's eldest sisters husband) is the executor of the will. For the past year he has been telling my mum (apparently) that the money is coming next month, next week etc and it never materialises.

For numerous reasons, I don't trust him or my Aunt (his wife). Let's just say he is a very clever businessman but has also worked his way up the wealthy ladder by screwing people over and a bit of luck on his side. This is no secret. The whole family knows it and knows what they are about.

I don't know where this money is, or why it's taking so long. This is Republic of Ireland (I'm in England) so I know the laws are a little different to England. My Mum believes they had to pay €100,000 in legal fees, to pay off the lodger who lived with my aunt and also to cover the €20,000 my uncle supposedly loaned out of his own money to get the legal side sorted.

This would leave approx €150,000.

I want to request the will as I don't actually trust any of them and I want to check that I am not named as all of my Dad's side have expressed concerns as my aunt and I were close. Her other nieces and nephews never bothered with her, I was the only one who kept up regular contact, posted cards for birthdays and Christmas, as she did me.

Will my Uncle find out that I have requested a copy of the will? What would you guys do?

You can request a copy online, no one will know.

@MayThePawsBeWithYou I have to send a postal order or cheque (I don't have a chequebook) but went to the post office to find out and they won't send a postal order in euros.

I have to do this and request the copy in writing unless I can visit the probate office in Dublin which I'm unable to do.

Do you not know anybody who will write you a cheque ?

Could your mum request a copy from your uncle which she could then pass to you.?

I would hugely query the legal fees sum. That’s a truly absurd amount of money. I settled my father’s estate through a lawyer for about £3k.

@sandgrown I could ask my Dad. Thank you.

@blueberryporridge I don't trust my Mum, as hard as that is for me to say, she's let me down my whole life (raised by my grandparents).

@rainyskylight this is another thing I'm questioning, I don't think I would be entitled to see a breakdown of legal fees.

I don't know whether it is the same in Ireland, but in England, everyone named in the will must get a copy, and also a final account detailing the expenses incurred, and the distribution of the net remaining. If the executor fails to do this, he is breaking the law.

€100,000 legal costs is extortionate for an estate of that size. As someone who has been an executor 4 times my average probate fees plus legal costs were @ £3000 (and which also last year included a lot of costly chasing of probate from the solicitors due to COVID queue delays and backlog).
A beneficiary surely has the right to ask for a breakdown of costs from the executor? I'd be asking Qs via a solicitor if necessary.

Anyone can obtain a copy of a will, whether they have a potential interest in the estate or not. But isn't this really an issue for your mother and her siblings rather than yours?

Probate in Ireland is notoriously long winded even pre covid so long time scales are not uncommon. If there are lots of different elements such as legally evicting a lodger etc then legal fees could rack up. Is that 100k only legal fees or all the expenses? If it's all expenses inc the loan plus auction fees plus estate fees for a failed sale process and then getting rid of a lodger then that's more likely. I don't know if you are entitled the estate accounts - I would speak to the solicitor handing probate and ask them.

Also the Irish version of citizen advice might be helpful

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

I’m in the ROI, the property market here is very buoyant. Unless your aunts house was in the back end of nowhere there would have been great interest.

Higher end Houses are usually great ones to go to auction here.

The 100k for the lodger sounds very hooky.

Have you checked what rhs house sold for?

There is no way they paid €100,000.
To answer your question, he won't know you requested the will.
You can check the sale too, it can take a longtime for the will to be executed.

Could you look here
Courts.ie/probate-register-online
All probate grants since 1992

Sorry..,should say...you can only see date of issue...not the will itself.

As your mother is named on the will she could phone the solicitor herself.