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Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 1943
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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Hi, my mother is 86 and has alzheimers and I deal with her

Customer Question

Hi, my mother is 86 and has alzheimers and I deal with her financial affairs and am recognised as doing this by the dwp (i am one of 4 siblings), anyway she is one of 3 parties in southern ireland to inherit a farmhouse and it's 24 acre of farmlands, I have dealt with the correspondence from the irish solicitor. The house and the lands were valued separately so as to achieve a better sale price if the need to sell arose, the deceased died in june 2009 so there are tax bills due accruing interest. I wrote to solicitor when the house and land went on to the open market (he said to see what interest there was) I said that my mother would buy the house from the proceeds of the land when they got sold (so she would only have to come up with 2 thirds of the asking price of 85k euro the land was valued at about 250k euro). Now the solicitor has told us that the other 2 parties in the will have agreed to let the house be sold for 72k euro and we have not given this go ahead. He says the other 2 tenants in common can force this but would this not need to go to court ?? He has now written saying the house sale has completed, and he is awaiting confirmation of the application of wardship from the court in my name to deal with my mothers affairs (i think that is what the wardship is for !!) Can he do this ??? i.e. sell the house ?? I did not respond when he emailed or wrote stating about the other 2 parties putting it in writing that they agree to the house being sold. My cousins son was the executor of the will (the original executor from outside the family refused) and has been to sign of the contract for the sale of the house !! I still wonder why him as I thought it would move thru the family, my mother was the only surviving sibling so should it not have passed to her or us as she has alzheimers !!??

Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 1 year ago.
As executor he is entitled to deal with the estate anyway he sees fit and has complete control in relation to the disposal of assets. Where the named executor does not act it falls to the residuary legatee of the will to act or anyone of the legatee in this case.
Customer: replied 1 year ago.

what is a legatee


Expert:  Ronan replied 1 year ago.
The person or persons who are the beneficiaries of the residue clause of the will

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