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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
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Experience:  Barrister 17 years experience
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I am soon to receive an inheritance from my late fathers estate,

Resolved Question:

I am soon to receive an inheritance from my late father’s estate, my nieces from my late sister are also due to inherit. As one of my nieces owes me $4,000 since 2010, I have asked her to pay me when she receives the money which will be approximately $20,000, she now says that she is going to ask my father’s solicitor to issue the check in her children’s names instead of her own, to avoid paying me. Is this legal, the will went to probate and she is named as a beneficiary
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  clairep80 replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you confirm which part of the Uk you are in?
Who are the executors of the estate?
Clare





Customer: replied 2 years ago.


I live in Northampton.. but my father's estate was in Dublin, the executors are two of my brothers, this matter went to probate in Dublin as there was property involved. The court agreed that the money from his estate including the sale of the house would be divided into 6, 1 share for each of my brothers, 1 share for me, 1 share to be divided equally between my late brothers 3 children & 1 share to be divided equally between my 2 nieces from my late sister, the niece I am referring to lives in London

Expert:  clairep80 replied 2 years ago.
Hi
Then since you are querying how the legacy has to be paid I shall transfer it to the Irish law section and opt out
There may be a short delay but please be patient
Clare
Expert:  Buachaill replied 2 years ago.
1. At the outset, to enforce payment here, you need to get yourself a judgment against your niece for the 4,000 owing. You do this by issuing proceedings in the Irish District Court for the sum. Then once you have a judgment, then you serve garnishee proceedings upon the executor and solicitor for the estate directing the estate to pay the money due to your niece over to you. Once you have a garnishee order, the solicitor and executor is bound to do this, and no avoidance measure such as paying the money into her children's names or bank account can occur. Be aware additionally, that the executor and solicitor will not authorise that the monies are paid into the children's names as under Irish Capital Acquisitions Tax (Inheritance Tax) the executor and solicitor have to pay the money over to the person entitled to inherit with an accompanying PPS Social Security number accompanying it to go to the Irish Revenue. However, you should short circuit this whole arrangement by getting an order that the moneys be paid to you under a garnishee order.
Buachaill, Barrister
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Experience: Barrister 17 years experience
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