Republic of Ireland Law
Ask a Republic of Ireland Law Question, Get an Answer ASAP!
1. Thanks for that. So am I right in thinking that whether or not his estate is being administered is pretty much irrelevant to the sale of the land itself and that it cannot be used as an excuse to delay sale? The same auctioneer and solicitor are involved in my late ex-husband's estate.
2. That's what I thought myself. I had been told that I was essentially his creditor but I found that odd, if I was indeed joint owner of the land. I imagine that gives me considerably more power than a creditor?
3. I take your point about removing and then re-entering the caveat. I suppose we're just checking on what can and can't be done. However, do the Rules of the Superior Courts, 1986 (o. 79, r. 54) not say that a caveat must be in place before issuing a citation? I could be wrong, but I remember Spierin and Keating (books on probate practice) saying that there are other grounds for lodging a caveat besides the issue of the validity of the will, including someone wishing to bring a s117 application?
3. Very interesting! But where then does that leave rule 54 of order 79? Does the case law override it?
Thanks! Well my son has been doing most of the research on this, just so that we're not completely in the dark.
Thanks again for your help and your kind comments.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).