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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 13868
Experience:  Barrister 17 years experience
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I inherited some land and funds from my uncle who died

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i inherited some land and funds from my uncle who died several years ago.over a year before he died he told me that he would be leaving me a different bit of land that i would be sharing with my brother. However he left all of that land to my brother and left me land that i thought would be left to my other brother who was left no land at all other than the house he was living in .my uncle's first cousin was appointed executor of the will and the solicitor who handled the estate seems to be a friend of my cousins beforehand.Am i as a beneficiary and the other beneficiaries supposed to be provided with full copies of the accounting by the solicitor or the executor because to date i have only received several pages related to expenses paid after my uncle died from the executor.i learned from these pages that the solicitor was paid several thousand more by the executor than was originally agreed.There were shares in stock involved which amounted to over a million euro and i asked for details of the full amount of shares and dates sold etc.additionally some of the shares in the estate were in the names of two of my uncles siblings who died before he did.To sum up should the executor or solicitor provide all of this information in a transparent manner as was provided to the revenue department and if they don't then what can we do to get this information .Can the executor distribute extra funds to the solicitor and others outside the terms of my uncles will.
Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1.  The first thing you should be aware of is that the executor cannot distribute extra funds to other people outside the terms of your uncle's will.  Essentially, if there are gifts in the will which were in the names of two of your uncle's siblings who died before him, then those gifts fall to be distributed as part of the residue.  So, in essence, the will governs what occurs with everything in the estate.  Secondly, you only have a right to a full account of an estate, if you are residuary legatee of the will.  So, this means, you must be one of the people entitled to share in the residue if you are to get a full accounting of the will.   If you are, then you shoudl ask to see the documentation submitted to the Revenue and an account of all the items in the will.  This should be provided to you as part of the general administration of the estate.  If the executor fails to give this information to you, then you should see an alternative solicitor and get the solicitor to write and formally request this information.  Essentially, the executor should provide all this information in a transparent manner so you can understand what happened in relation to the estate and its administration.

2.  If you require clarification or if there is additional information you wish to share, I will be happy to assist further in the resolution of your question.

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