Sunday Times Question of Money with Niamh Moran

by | Sep 23, 2022 | Legal News, Wills & Probate

Sunday Times Question of Money with Niamh Moran

Sunday Times Question of Money with Niamh MoranOur partner, Niamh Moran, recently contributed to the Sunday Times Question of Money section. The full article is re-printed here. This reader’s query raised important matters arising post the ‘administration of an Estate’ and the issues that can arise from shared property left under a Will to wide circle of family members.

There are lots of issues raised here in this query, such as dealing with property left under a Will, shared property ownership amongst family members and the issues that can arise after probate with regard to day to day issues such as insurance, and the sale of a ‘probate property’, as well hinting at the underlying issues that can give rise to a probate dispute.

Often seemingly straight forward Will bequests can be complex matters, the answer shows the benefit of expert probate legal advice in relation to Wills and Probate matters and how endeavouring to resolve disputes before they emerge or at the earliest opportunity can be considered. When preparing your Will or when guiding executors when administering Estates and working on probate matters, the expert probate legal team at Carmody Moran Solicitors will be on hand to offer practical common sense advice and strategy in terms of future considerations as you advance so that matters can be dealt with by executors as stress free as possible. If you are a beneficiary under a Will our expert probate Solicitors will be on hand to guide and advise you as you assess your options if there is a potential probate dispute or will dispute emerging. The expert Wills, Probate, and Probate dispute solicitors at Carmody Moran solicitors aim to bring clarity to every situation as well as expert legal advice and early resolution of probate disputes and probate property disputes.

Niamh-Moran-Solicitor-Dublin-2My wife’s father made a will in which all his assets were divided equally among his eight children. Each child had an eighth share as tenant in common of the family home. Two of my wife’s unmarried siblings have continued to reside in the property since then (12 years).

Three siblings have died, two of whom (umarried) left their shared to other family members. The third left her estate to be divided equally among her three daughters.

Has each of her nieces got the same rights to the property as my wife?

Can any owner prevent the property from being sold?

As far as we can gather, one of the siblings residing in the property has insured it under his own name. Does this policy indemnify my wife?

As the remaining members are in their seventies, there seems little chance of my wife getting value for her share. Also, can the value of her shareholding (about €34,000) be used in determining her means for a medical card?

All too often the practical implications of joint property ownership may not be fully appreciated when property is being left in a will. What may have seemed fair to all children can lead to difficulties due to disagreements amongst siblings.

The tenant in common division means that the ownership of one property is divided into one-eighth shares. As each person owned a divided share, when they died that share passed with their estate. That means potential further division of the ownership – as in your case where one family of the next generation has three daughters, each holding a single 24th share.

There are no hard and fast rules governing such ownerships. It is essential that each person considers how they wish to deal with their share, and at a minimum, address it in their will. The increasing pool of owners becomes unattractive as time passes as it rarely gives rise to anything other than discontent – and dispute – unless there is strong consensus.

A sale can be problematic when all owners are not in agreement. One or more can apply for a court order to force the sale. This can be opposed by the other owners, which can lead to expensive court proceedings. There is no guarantee the order would be granted; if not, it leaves everyone back at square one, but with legal bills and even more soured relations. Clearly, the more owners seeking to sell the greater the chance of success. It would be worth looking at mediation or a family conference with a view to reviewing whether any owners wish to sell their share, and/or reaching a formal co-ownership agreement.

The insurance question is a double-edged sword. It could be argued that if this sibling were living in the house without insurance, the other owners would be in a worse position. But you need to review the policy to see the exact wording.

Medical card applications are means-assessed. But income from savings, investments or property of €36,000 for a single person or €72,000 for a couple is disregarded. All the applicant’s assets would be taken into account, including, I presume, the share in the property.

Our offices at 27-28 Mount Street Upper, Dublin 2, are located just off Merrion Square, ideally located for many of our clients who have Estate or Will issues., Talk to Niamh Moran direct at 01 8272888, email solicitor@carmodymoran.ie , or check out the inheritance section of our website www.carmodymoran.ie for more information.

Sunday Times Question of Money with Niamh Moran Part 1
Sunday Times Question of Money with Niamh Moran Part 2

INDEPENDENT GOOGLE CLIENT REVIEWS

Joe Marsh
Joe Marsh
17:59 26 Sep 22
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Kenneth Ohaa
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Salt Almighty
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Andrew NEROH
Andrew NEROH
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jonathan
jonathan
16:14 28 Jun 22
I would highly recommend Carmody Moran Solicitors. Niamh Moran and her team helped and supported me through the sale of my home. The transaction was dealt with efficiently and quickly. Every step was clearly explained from the Sale Questionnaire, Contract for Sale to Completion.
Herghelegiu Oana
Herghelegiu Oana
22:44 20 Jun 22
We just got the keys to our dream home 🏡 special thanks to Stephanie,Helen,Caila and Carmody Moran team.All the girls are very friendly and helpful.Stephanie was a pleasure to have you as our solicitor.Highly recommend!
Karolina Siwakowska
Karolina Siwakowska
20:00 28 Mar 22
We've just got the keys to our dream home and Carmody Moran has helped us with all the legal work. We've been dealing with Stephanie and Helen and they both have been great: friendly, professional and communicative. The whole process can be intimidating at times, but they've made sure to make it as easy as possible for us. They've represented us well. Highly recommended.
ciara daly
ciara daly
16:27 18 Feb 22
Anthony and his team went above and beyond for me, everything was always looked after and I was constantly kept in the loop for my RTA case. From phone calls to emails to dealing with insurers. Gave me great peace of mind that I chose the right solicitor and Anthony himself is a gentleman. I would highly recommend Carmody Moran Solicitors.
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Cassandra Reyes
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Martin Kinsella
Martin Kinsella
17:23 15 Dec 21
CarmodyMoran were a pleasure to deal with. I found them to be extremely helpful in all my queries and responded to me in a very personal and professional manner.
Marie Byrne
Marie Byrne
14:06 30 Nov 21
Anthony & Niamh are our family Solicitor, so had no hesitation when the decision was made to sell of our family home. They dealt with my dad in the most caring manner explaining everything in detail. I dealt with Helen Ryan and Stephanie Tierney. The response to every query was exceptional. An absolute pleasure to deal with. If they were unavailable Emma at reception would pass all messages on. It was a very positive experience and a fantastic team at Carmody/Moran Solicitors. Thank you. Marie Byrne
Jennifer Foley
Jennifer Foley
18:13 27 Nov 21
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Richard Lawrence
Richard Lawrence
13:04 02 Sep 21
Would highly recommend.Tony and his team were absolutely brillant dealing with my case.Tony made me feel comfortable from day one, he explained everything to me at all times . Any time I had questions about thing's there was no problem in picking up the phone or sending a email Tony always got back to me and answered my questions.Fantastic service.
Fran Carroll
Fran Carroll
18:10 10 Jun 21
Tony an his team are brilliant.Left no stone unturned.
We availed of Carmody Moran Solicitors for the sale of our property. Niamh and her team were very efficient, quick, easy to reach and, most importantly, proactive to solve issues and process the sale. Really happy with the service and a very good value for money. Highly recommend!
Annamay Rowan
Annamay Rowan
12:21 10 Mar 21
Would highly recommend Anthony Carmody as he was so supportive with me and my family's case. If you made contact he would ring or email you back that day and explain things in your language.
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Anant Batra
00:05 05 Feb 21
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Elvyra Petkeviciute
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Great service, efficient, proffesional, very responsive. Over all very happy with services.
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Tracy Ankers
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Elaine McSweeney
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Maxine Hudson
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Mark Kelly
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Mick Giles
Mick Giles
15:50 09 Dec 19
My experience with this law firm was exceptional. Tony is a very professional man who gave me his time and opinion without over promising on the result. Honest and trustworthy - Highly recommend
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david clarke
17:01 02 Dec 19
Absolute pleasure working with the CM team. Highly professional, always helpful. Great communication and made the process as hassle free as possible. Highly recommended.
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Matthew Canning
17:17 23 May 19
Streetfront Lawyers.
Alan Alyyan
Alan Alyyan
19:14 21 Jan 19
Professional Solicitors that you can depend on!
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Vanja Jovanovic
07:49 06 Jul 18
We have dealt with both, Niamh and Anthony. Very pleased with the level of service. Very professional and always there to answer any questions we had while guiding us through the process. Highly recommended
Bonnie B
Bonnie B
07:52 14 Jun 18
Great to deal with professional,patient and efficient. Big thanks to Niamh, Leanne and Camilla .
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declan mcgrath
07:36 12 Jun 18
Great service from Niamh, Leanne and all the team at Carmody Moran. Thanks
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Phyllis Dalton
16:33 31 May 18
Our experience with Carmody Moran was very positive. They were very professional and always there on the phone if I ever needed anything. Great service.
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Andrew Penrose
23:57 24 May 18
We selected Carmody Moran to represent us. Great experience with Niamh and the crew after over a year engagement on property dealings have nothing but great things to say. Very professional, prompt to queries and very responsive. Highly recommended.
Paul Moran
Paul Moran
17:52 25 Feb 18
Professional but very friendly and courteous.
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jingjing xu
16:11 15 Jun 15
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David McGowan
16:43 14 May 15
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Terry Palmer
15:24 23 Apr 15
I have always found the service offered by Carmody Moran to be first rate and i would would have no hesitation in recommending them.
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