Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
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.