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  • aunties will

    have got my aunties will that she left when she died in 1957. It states that her brother and sisters will get a share of her legacy.
    My mother was one of her sisters, but was unable to traval to Ireland to collect her. Would I be able to claim it now, as all the family are now dececed?

  • #2
    Welcome to FTF, maggie.

    Hopefully someone with some proper probate knowledge will turn up with an answer. I should have thought that her inheritance should have been kept for her. That's not to say that it actually was!

    Christine
    Researching: BENNETT (Leics/Birmingham-ish) - incl. Leonard BENNETT in Detroit & Florida ; WARR/WOR, STRATFORD & GARDNER/GARNAR (Oxon); CHRISTMAS, RUSSELL, PAFOOT/PAFFORD (Hants); BIGWOOD, HAYLER/HAILOR (Sussex); LANCASTER (Beds, Berks, Wilts) - plus - COCKS (Spitalfields, Liverpool, Plymouth); RUSE/ROWSE, TREMEER, WADLIN(G)/WADLETON (Devonport, E Cornwall); GOULD (S Devon); CHAPMAN, HALL/HOLE, HORN (N Devon); BARRON, SCANTLEBURY (Mevagissey)...

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    • #3
      Do you know what the inheritance was? If it was monetary I cannot see why she would have needed to travel to Ireland to collect it.
      Elaine







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      • #4
        I would have thought it was the responsibility of the executors to make sure the legatees each got their share at the time.

        Anne

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        • #5
          Originally posted by Anne in Carlisle View Post
          I would have thought it was the responsibility of the executors to make sure the legatees each got their share at the time.

          Anne
          That sounds right to me, too. By 1957 Ireland was independent of the UK, so their law on probate may be slightly different.

          Christine
          Researching: BENNETT (Leics/Birmingham-ish) - incl. Leonard BENNETT in Detroit & Florida ; WARR/WOR, STRATFORD & GARDNER/GARNAR (Oxon); CHRISTMAS, RUSSELL, PAFOOT/PAFFORD (Hants); BIGWOOD, HAYLER/HAILOR (Sussex); LANCASTER (Beds, Berks, Wilts) - plus - COCKS (Spitalfields, Liverpool, Plymouth); RUSE/ROWSE, TREMEER, WADLIN(G)/WADLETON (Devonport, E Cornwall); GOULD (S Devon); CHAPMAN, HALL/HOLE, HORN (N Devon); BARRON, SCANTLEBURY (Mevagissey)...

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          • #6
            would there be anything for you to collect now? it was nearly 60 years ago

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            • #7
              I know nothing about Irish law, but in england and Wales, an executor has a legal obligation to make all possible reasonable efforts to trace legatees. If they cannot be traced then it is usual for the executor to take out an insurance policy to cover the possible future claim.

              The first thing to do is to find out who executed the Will. They should have filed accounts after the estate had been distributed.

              OC

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              • #8
                Does the will say what the legacy was eg cash, stocks, shares, property, jewellery etc. Do you have a record of the probate having been granted? If so it will show who administered the will and how much the total sum was that was realised from the Aunt's assets.

                As has been said it is for executors of wills to make sure all beneficiaries are paid out their appropriate share. If it was an item it would have to be sent if the person could not collect it themselves.

                If your mother could not be found at the time the executor should have taken out an insurance policy to cover any late claim from a beneficiary who subsequently turns up.

                You might be best to consult the Citizens Advice Bureau or similar in Ireland to see what is possible.

                Margaret

                PS It could also be of course that the will you have is not the one that was current at the time of the death as it is really the probate that shows what the situation was at the time. The probate has the will attached so that should be your first port of call to check the facts.
                Last edited by margaretmarch; 21-01-12, 09:45.

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                • #9
                  thank you for yor replies. Aunties will was made in Queensland, Australia. She died in Southern Ireland in 1958. Ihave the probate with the date stamp of 20 Feb 1959.
                  In the will it states Probate of the said will was granted by this Honourable Court to us these deponents as executors as aforsaid on the Forth day of June 1959 and sealed on the Tenth day of July 1959



                  Maggie

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                  • #10
                    So, who were "us, these deponents, executors of the Will" then? Their names should be on the document.

                    OC

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                    • #11
                      The names of the deponents PATRICK JOSEPH MULLENS and PATRICK HOGAN

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                      • #12
                        Oh, lol, sorry, I meant who were they in relation to your aunt, were they relatives or a firm of solicitors?

                        OC

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                        • #13
                          I think Ireland has different inheritance rules - as a friend said it caused friction in her family when her elder brother gave her something as he'd inherited everything and the rest of the family got nothing.



                          Researching Irish families: FARMER, McBRIDE McQUADE, McQUAID, KIRK, SANDS/SANAHAN (Cork), BARR,

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                          • #14
                            Originally posted by JBee View Post
                            I think Ireland has different inheritance rules - as a friend said it caused friction in her family when her elder brother gave her something as he'd inherited everything and the rest of the family got nothing.
                            Surely that scenario only applies if the person dies intestate and then the rules have to be applied - if there's a Will clearly stating who gets what then that has to be implemented regardless of the rules.
                            Margaret

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                            • #15
                              JBee

                              Surely a Will is a Will in any country? Those countries which have legal inheritance rules do not need Wills.

                              OC

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                              • #16
                                Lol, snap Margaret!

                                A VERY quick look at Eire inheritance laws seems to suggest that it is more or less the same as in england, in other words, you can leave whatever you like to whoever you like, as long as you have made a valid will. No one has a "right" to inherit anything if there is a Will.

                                OC

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                                • #17
                                  Originally posted by Olde Crone Holden View Post
                                  Lol, snap Margaret!

                                  A VERY quick look at Eire inheritance laws seems to suggest that it is more or less the same as in england, in other words, you can leave whatever you like to whoever you like, as long as you have made a valid will. No one has a "right" to inherit anything if there is a Will.

                                  OC
                                  Must be the same principle anywhere in the world I would have thought where Wills are common practise.

                                  We need to know who the deponents were as you have asked in order to advise further on this one.
                                  Margaret

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                                  • #18
                                    Sorry Olde Crine Holden I misunderstood the question. Patrick Joseph Mullins was the nephew of Marys husband Michael, he was also her solicitor as was Hogan

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                                    • #19
                                      Originally posted by maggie smith View Post
                                      Sorry Olde Crine Holden I misunderstood the question. Patrick Joseph Mullins was the nephew of Marys husband Michael, he was also her solicitor as was Hogan
                                      If they were solicitors they should have had more scope to find and contact your mother to give her what she was entitled to but if they couldn't find her they would have taken out an insurance to cover themselves in the event she turned up later.

                                      I think you need to contact the Law Society for Ireland http://www.lawsociety.ie about the situation and see what they advise.

                                      Could your mother have had the inheritance without you being aware?
                                      Margaret
                                      Last edited by margaretmarch; 27-01-12, 13:30.

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                                      • #20
                                        I agree with Maragaret. As they were solicitors they will have followed the rules.

                                        OC

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