How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10953
Experience:  Barrister 17 years experience
Type Your Republic of Ireland Law Question Here...
Buachaill is online now

I am soon to receive an inheritance from my late fathers estate,

This answer was rated:

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
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?

Customer: replied 4 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

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
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
Satisfied Customers: 10953
Experience: Barrister 17 years experience
Buachaill and other Republic of Ireland Law Specialists are ready to help you