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Twists and Turns to Claim Unexpected Inheritance

by | Apr 15, 2021 | Case Studies, News, Probate and Wills | 0 comments

Greg passed away in 2015 with a will but without any assets and in these circumstances a Grant of Probate was not taken out by his relatives.

Five years after Greg’s death, and to his family’s great surprise, the funeral directors, who had dealt with Greg’s funeral, received a phone call from an insurance company. The insurance company informed the funeral director that Greg has taken out a pension policy many years previously and wanted to know who the policy should be paid to.

The funeral directors contacted Greg’s brother John his closest living relative.

It was necessary to take out a Grant of Probate to access these funds.

Greg had appointed his two brothers as his executors. One of Greg’s brothers had passed away a few years prior to Greg’s death. His surviving brother took out the Grant of Probate alone.

The Grant of Probate issued and John was named as executor. Unfortunately, John had previously had problems with this heart and died suddenly of a heart attack just as the pension funds were obtained from the insurance company.

This left a problem for the beneficiaries as the estate could not be distributed. A second Grant of Probate needed to be taken out, know as a de bonis non grant, by the surviving beneficiaries.

Finally, the funds from the life insurance policy were split between his two surviving relatives who both acted as his Legal Personal Representatives.

This case not only highlights the possibility of surprise inheritance but also some of the difficulties that can arise in distributing an estate.

This case shows there can be a lot of twists and turns in administering a grant of probate.

If this story affected you or you have a similar concern please contact us.

Please note for privacy and GDPR reasons names and circumstances have been changed to protect the identity of the individuals involved.

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14:05 26 May 22
John and his team are an absolute pleasure to deal with - from the moment you walk in you are made feel welcome and at... ease. John helped guide me through probate after the death of my wife and made everything from start to finish totally seamless. I have also used Griffin Solicitors for some other services (affidavit for daughters passport, wills etc). Always looked after and always so professional. I would not hesitate to recommend them to family and friends who may need their professional services.read more
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14:40 23 Mar 22
I phoned Griffin Solictors with a probate query and the solicitor that I spoke to was unbelievably polite, helpful and... efficient. Would definitely recommend these guys. Thanks a million for your advice John. All the best. Jamie Moonen.read more
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Sandra M.
16:39 16 Mar 22
John and his team were acting on behalf of my late mother and I was one of her powers of attorney.Wills, trust and... probate can be a very difficult matrix to comprehend and John at all times gave me full and informed guidance. All paperwork was accompanied with easy explanations in layman’s language.Katarina ensured my many phone calls to the office was never a problem. Jacinta and Louise’s advice on Revenue, inheritance and capital gains tax was invaluable to my family and me.Thank you sincerely o the whole team for guiding us through the whole process and I will definitely ask John to represent me again for any future legal dealings.Peter MacManusread more
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