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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2245
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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Hope you could help me with an inquiry regarding an estate.

Customer Question

Hope you could help me with an inquiry regarding an estate. No will had been made by a father who died, administration was taken out by his wife who then made no will before her passing.
There were four children in this couples family, one of the children now want to get their share from this estate is it straight forward to do so or how does this work.
Any help would be greatly appreciated.
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 2 years ago.

A second subsequent grant must be taken out in your father's estate. It is referred to as a De bonis non letter of administration. The most common cause of a grant of de bonis non by the Probate offisce is where the administrator dies. You or any of your father's child are the closes next of kin and the appropriate people to make an application in relation to your father's estate. Obviously in relation to his wife's estate a letter of administration will need to be extracted by her next of kin (her children presumably)

The distribution of the estate will then be dealt with by the administrator thereafter

Customer: replied 2 years ago.
the other children can't stop the sale?
Expert:  Ronan replied 2 years ago.

The sale of what exactly??

Customer: replied 2 years ago.
It is a piece of land.
Expert:  Ronan replied 2 years ago.

A piece of land in the estate can be only sold by the administrator of the estate. There is currently no administrator so the land can't be sold until a grant is extracted. In terms of stopping the sale unless the other children can buy out the 4th child's interest then no they cannot stop it

Customer: replied 2 years ago.
My brother went to take out administration on the land and has now stopped to dotje process so is it possible that I can take it out now and continue with the process? As I want the sale to go ahead
Expert:  Ronan replied 2 years ago.
you can extract a letter of administration as a next of kin. Regardless of whether your brother has done so or not.