Legal Question in Wills and Trusts in Ireland

Hi

My sincere sympathy on the untimely death of your late mother.

Your Sister as the duly appointed Executor of your mother�s Estate must discharge her duties as Executor and administer the Estate without delay.

However, your sister's delay is unreasonable.

You have already allowed your sister a more than reasonable period of time to respond to your request, and as she simply has not responded, then I would advise you to proceed immediately to instruct me as your Solicitor and I will draft the necessary application under section 16 of the Succession Act 1965 to the Probate Office of the High Court to summons your Sister to either (a) prove or (b) renounce Probate as aforesaid.

If your sister choses to renounce her position as Executor to extract a Grant of Probate, then you could be appointed as the new Executor to administer your mother's Estate.

There are certain time limits that apply to any such application. As the period of over 2 years has already elapsed, you should not delay any longer. I would advise immediate action.

You would most probably not have to personally pay any of the legal costs involved in any such application to the Probate Office, as the costs would normally be payable out of the value of the Estate.

I trust you will find this general information of assistance. You should seek detailed legal advice immediately. I would be happy to speak to you further.

I look forward to hearing from you.

Best regards

SEAMUS MONAGHAN & CO

Solicitors

Teeling Street

Sligo

Ireland

T:� +353 71 9138572

F: +353 71 9138573

W: www.sligo-solicitor.com