Human nature being what it is. I imagine many probate solicitors feel they have won the lottery when siblings fall out. A gaurenteed source of income, if the estate is worth hundreds of thousands and most are, being the value of the property. They get too share it amongst themselves. The gift that keeps on giving.
In my current experience this is why agents create contention by intentionally misadvising clients. Of course no agent has a chose in action so do not argue and expose the champerty and maintenance. The idea a disinterested party can be the beneficiary of an estate is of course nonsense. This does however take great care not to argue or to engage with any agent bar service. If you agree to them being involved then its over. Will's and trusts are preeminent over rights as self determination and agreement/treaty came before the state and any "right" it may claim to protect. Make agreement not argument and protect the settlors intention. These are the actions of a true beneficiary and executor.
We are in this exact position, mother died of cancer (age 68) and her husband is now DEMANDING through solicitor that we sign our names off the will to grant him the entire of the estate and he said that if we do not comply with his wishes(as he is not willing to negotiate through mitigation) then he will simply sit on the estate until all the funds are gone.......we have no idea what to do but just simply ignore the whole thing and move on with our lives leaving mothers estate to the dogs....we do not need this drama in our lives and are still emotionally unbalanced.
On the 3rd of October 2022 the Minister for Justice commenced the provisions of the Act which enable a person to make a complaint about the conduct of a judge in Ireland in respect of allegations of misconduct arising on or after that date. The Committee considers complaints from people which have been determined to be admissible. “Admissible” means that the complaint has met certain statutory criteria to reach the stage where the Committee can consider how the matter might be resolved or investigated.
Does a judge ever award costs to the estate if the claim by the disgruntled beneficiary is frivolous or vexatious? My information to date is that the judge usually does not award costs so the estate is left to pay its own legal bill. If the legal bill is likely to exceed the value of the estate, the executor might just "cave in" and give the disgruntled beneficiary what they want! Can smaller estates not be resolved in a less expensive setting where legal counsel is not required (at €400 per hour)? The system favours people with money and of course, the legal profession. As you wryly point outTerry, "it is all very unfortunate"!
Hi Terry, I read somewhere recently that there may be a bill going through the Oireachtas, which would mean that is you lose a section 117 application, the costs would be paid by the claimant and not the estate. Do you know the status of this bill and if this will be the position? Thanks so much. I like your channel.
Human nature being what it is. I imagine many probate solicitors feel they have won the lottery when siblings fall out. A gaurenteed source of income, if the estate is worth hundreds of thousands and most are, being the value of the property. They get too share it amongst themselves. The gift that keeps on giving.
In my current experience this is why agents create contention by intentionally misadvising clients. Of course no agent has a chose in action so do not argue and expose the champerty and maintenance. The idea a disinterested party can be the beneficiary of an estate is of course nonsense. This does however take great care not to argue or to engage with any agent bar service. If you agree to them being involved then its over. Will's and trusts are preeminent over rights as self determination and agreement/treaty came before the state and any "right" it may claim to protect. Make agreement not argument and protect the settlors intention. These are the actions of a true beneficiary and executor.
@@dolovfmstop talking nonsense man. Pretending to know what you are talking about. I see through you
They used to say in the Pub in Blanchardstown you'll be a long time dead very true.
We are in this exact position, mother died of cancer (age 68) and her husband is now DEMANDING through solicitor that we sign our names off the will to grant him the entire of the estate and he said that if we do not comply with his wishes(as he is not willing to negotiate through mitigation) then he will simply sit on the estate until all the funds are gone.......we have no idea what to do but just simply ignore the whole thing and move on with our lives leaving mothers estate to the dogs....we do not need this drama in our lives and are still emotionally unbalanced.
@terry gorry solicitor merry christmas
post script - can judges in ireland be sued?prosecuted
On the 3rd of October 2022 the Minister for Justice commenced the provisions of the Act which enable a person to make a complaint about the conduct of a judge in Ireland in respect of allegations of misconduct arising on or after that date. The Committee considers complaints from people which have been determined to be admissible. “Admissible” means that the complaint has met certain statutory criteria to reach the stage where the Committee can consider how the matter might be resolved or investigated.
Of course. Otherwise Judges would be constantly be jumping out of their seats and running down the room to slap people who say very stupid things))
Very usefully videos
Does a judge ever award costs to the estate if the claim by the disgruntled beneficiary is frivolous or vexatious? My information to date is that the judge usually does not award costs so the estate is left to pay its own legal bill. If the legal bill is likely to exceed the value of the estate, the executor might just "cave in" and give the disgruntled beneficiary what they want! Can smaller estates not be resolved in a less expensive setting where legal counsel is not required (at €400 per hour)? The system favours people with money and of course, the legal profession. As you wryly point outTerry, "it is all very unfortunate"!
A question I've wondered is can you claim constructive dismissal if you resign whilst on a probation period?
If you watch my videos on unfair dismissal you’ll have the answer to that question
Terry Bam Bam Gorry was good to listen to!
Hi Terry, I read somewhere recently that there may be a bill going through the Oireachtas, which would mean that is you lose a section 117 application, the costs would be paid by the claimant and not the estate. Do you know the status of this bill and if this will be the position? Thanks so much. I like your channel.
I know nothing about it🤔
@@terrygorryThanks so.much for replying Terry.