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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 13218
Experience:  Barrister 17 years experience
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I need to find a solicitor in who can advise in a matter

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I need to find a solicitor in Dublin who can advise in a matter where the sole executor of an estate failed to obtain probate more than 10 years ago and lied to at least one of the beneficiaries as to what they were to receive under the will keeping the difference for themselves.
JA: Estate laws vary by state. What state are you in?
Customer: Dublin
JA: What documents or supporting evidence do you have?
Customer: I have confirmed with the Probate office that probate was never applied for but to date the sole executor is not, despite promising otherwise, making a copy of the will available. The sole executor has admitted that significantly more money should have been paid to the beneficiary in question than has been paid to date.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not at this stage.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. It is a species of fraud known as "intermeddling with the estate" for an executor to take and keep for himself the assets of a deceased which s/he is obliged to distribute among the beneficiaries named in a will. Like all frauds, there is no time limit upon which you can sue to rectify what occurred, so it does not matter if 10 years have elapsed since the date the estate was to have obtained probate. The first step I would advise you is to hire an experienced Probate solicitor in Dublin such as John O'Connor, solicitors, in Ballsbridge or, Moran and Ryan. Then I would advise you to apply for Probate to the estate so you have the lawful right to gather in and deal with the assets of the deceased's estate. Then you simply sue this person who was named as sole executor to account for the assets of the estate and what s/he did with them. Ultimately, it will be to ensure the will is observed or that the correct beneficiaries receive the assets from the estate, lawfully granted via a lawful Grant of Probate. Be aware that if one of the beneficiaries received assets without there being a Grant of Probate, they don't have lawful title to those assets, so to regularise the situation, it is essential to take out a Grant of Probate.

2. So, your first step to regularise the situation is to see a solicitor and instruct the solicitor in the case. The solicitor will then get a Grant of Probate issued and start to sue the recalcitrant executor who has intermeddled in the estate.

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Customer: replied 1 year ago.
Thank you for your reply. Very happy with your answers.

4. You are welcome. Best wishes.