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My grandmother died intestate, and my grandparents estate…

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My grandmother died intestate, and...
My grandmother died intestate, and my grandparents estate was never administered. An uncle has been residing solely on the family estate since 1994. Does he have the right to will the entire estate or just his share. What are his sibling's current rights in relation to their parents estate?.
Submitted: 2 months ago.Category: Republic of Ireland Law
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Customer reply replied 2 months ago
Uncle is not married and foes not have children.
Answered in 11 hours by:
6/1/2018
Solicitor: Buachaill, Lawyer replied 2 months ago
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 11,225
Experience: Barrister 17 years experience
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Solicitor: Buachaill, Lawyer replied 2 months ago

1. Dear Archie, the first thing you should realise is that your uncle can only will what he owns himself. He cannot will anything which is part of your grandmother´s estate, although he can will his entitlement to share in this estate. Essentially, because your grandmother died after your grandfather and died intestate, her estate falls to be divided equally between all the children belonging to her. So, this means that the siblings of your uncle have an equal right to share in the estate of your grandmother. It makes no difference that your uncle might have lived on the estate belonging to your grandmother. This gives him no greater rights than his other siblings.

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Solicitor: Buachaill, Lawyer replied 2 months ago

2. So, I would advise you to take out Letters of Administration to your grandmother´s estate and to administer this in tandem with administering the estate of your uncle. In this way, the survivors of your parent´s generation and their children will inherit what is due to them.

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Solicitor: Buachaill, Lawyer replied 2 months ago

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Customer reply replied 2 months ago
Customer Thank you for this clarification, before xmas, we received advice from a local solicitor who stated that my uncle had a rite to the entire estate and to will the entire estate to whoever he chooses. Is there an exact law or clause that I can refer to ?. Also the estate of my grandparents is a farm of land, is land viewed differently from an estate of house/savings interms of inheritance laws etc?. In addition, my grandmother was residing in an second estate (farmland) i.e her mother's estate when she died. My deceased great-grandmother is the owner of this estate and the title remains in her name. She had 5 children (including my grandmother), 2 children died without issue, the remaining 3 children had issues. So this estate will also have to be administered, in 3 equal proportions?. My uncle is also working the land in this estate as well.
Solicitor: Buachaill, Lawyer replied 2 months ago

4​. The advice from this solicitor is incorrect. In order for your uncle to have laid claim to it, where there was no will made by your grandmother, he would have had to have fenced it off and barred all his siblings and anyone else he didn't grant permission to come onto the land, from entering upon it. This is because he would have to have claimed squatter's rights and for this you need 'exclusive possession' which means none of the other potential owners (his siblings) or anyone else could have come onto it.

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Solicitor: Buachaill, Lawyer replied 2 months ago

5​. So, I would suggest you simply ignore the advice from this solicitor and set about administering the different estates correctly and in accordance with law. Get a different solicitor to act, as this solicitor was clearly too close to your uncle.

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Solicitor: Buachaill, Lawyer replied 2 months ago

6​. Be aware that whilst there are different rules applying to land as compared with other assets, such as savings, the will has to be administered to give good title to anything, including the land. I would also suggest you get legal advice in relation to your great-grandmother's estate as there it is whoever of her children who were alive at the date of her death who inherit. It is not a question of who has children or not which decides this inheritance issue.

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