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Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 1996
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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My friends sister has gone into a nursing home for long term

Resolved Question:

My friends sister has gone into a nursing home for long term care as she is physically
unable to look after herself,however she is mentally aware.
She has made out a will several years ago but cannot remember what she has put in the
will or who she has appointed as executer of the will and now she
has asked her brother to sell her property.
At her request her has searched her belongings but cannot find a copy of her will,so will
she have been given a copy originally ?
Her brother has contacted the solicitor who was responsible for writing up the will ,but
the solicitor will not divulge who the executer of the will is.and is generally uncooperative
which raises some suspician as to why.
The question therefore is how can her brother find out who the executer of the will is and
can he proceed with the sale of the property on the instructions of his sister.
My friend is 88years old and his sister is 84years old.
Any help you can offer on this problem will be greatly appreciated.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 1 year ago.
If she is mentally capable (Sound disposing mind) then there is absolutely no problem. She can telephone the solicitor and ask him to forward the will to her. If he can't find it, she can simply make a new will. Any new will supersedes any pre-existing will. The solicitor is right not to deal with this lady's brother. She is the client not him and the solicitor can only deal with the executor after her death.

In relation to the sale of the property, again there is no problem here. She is entitled to dispose of her property in anyway she see fit during the course of her life irrelevant of what the will says. Nor does it have to be located for her to do this The will only speaks from the date of her death
Customer: replied 1 year ago.

Thank you very much for the information that you have provided which is very clear and helpful in this situation.


 


One final question i would like to ask is, what is the best way to confirm that this lady is mentally capable (Sound disposing mind) and would her brother need to have something in writing concerning this before he sells the house.


At the moment he only has her verbal instructions to which i am a witness of the discussion.


Thanks again

Expert:  Ronan replied 1 year ago.
A letter from her GP or consultant would be sufficient if there is concerns in relation to this. It is probably not required however,she simply need to contact her solicitor and instruct him in relation to the sale.

Her brother cannot sell the property for her. She must do it and she must contact the solicitor herself. The solicitor will not take instructions from him nor should he. If she wishes for him to deal with matters on her behalf she can contact the solicitor and ask him to prepare a power of attorney for her to sign
Ronan, Solicitor
Satisfied Customers: 1996
Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
Ronan and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi ,


Since your previous my friend has been advised to apply for a Ward of Court as his sister appears to be confused.


In this case can you advise me of the following two things.


 


A/ 2 doctors have to provide an affadavid for this application and i wondered if you can advise what the approximate charge a doctor makes for this service.


 


B/ Would you have any idea what the overall cost of such an application will be with a solicitor.


 


 


I am not looking for an exact charge as all cases are different but your best guess from your own experience will be satisfactory.


Maybe you can also suggest the length of time this will take to complete.


 


Look forward to hearing from you again

Expert:  Ronan replied 1 year ago.
A. This is a matter entirely for the Doctors themselves but normally to include assessment and swearing of affidavit I would assume a couple of €100.00

B. Approximately €2,500.00 plus costs and outlay.

Applications generally take about 3 months
Ronan, Solicitor
Satisfied Customers: 1996
Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
Ronan and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your prompt reply which is the information that i requested

Expert:  Ronan replied 1 year ago.
Best of luck
Ronan, Solicitor
Satisfied Customers: 1996
Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
Ronan and other Republic of Ireland Law Specialists are ready to help you

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Ronan
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B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years