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EVERY WEEKDAY EVENING, TheJournal.ie brings you the five stories you need to know as you head home for the day.
1. #THE NATIONAL PARTY: Dublin hotel The Merrion cancelled a planned launch for a new extreme right-wing party.
2. #LONGFORD: Four gardaí were injured after their patrol cars crashed while in pursuit of a car.
3. #FALSE NEWS: Donald Trump denied seeking top security clearance for this children.
4. #WICKLOW: A Coast Guard search is underway for a missing fisherman.
5. #RUNAWAY TRAIN: The cost of the new children’s hospital has more than doubled to €1 billion.
The delays result in solicitors creaming it financially…..they will resist any modernisation as the successfully did with proposed conveyancing changes in the past….
@Sean Mac Giolla:
On the nail.
@Sean Mac Giolla: don’t think it does. The solicitor gives their rate before they even apply for the probate so the fee is based on the process of applying and not the time it takes, as far as I’m aware anyway. With my own mothers probate the solicitor gave me her rate before she even applied for it and because the probate went so smoothly she actually took off a large chunk of her fees.
@Sean Mac Giolla: Precisely, they get their tonne of flesh out of exactly everything!
@Sean Mac Giolla: The Troika when in town told the then Government to take on the greedy legal profession but with so many of their family friends and supporters in the game they funked it, so we all pay for their scams and outrageous fees.
@Sean Mac Giolla: Going through process at moment. Three and a half years after death of testator who was my father, who had remarried. The solicitor would not provide copy of will to me for 16 months even though I was a named executor. He wouldn’t take or return calls. In that time monies was withdrawn from an account before probate, even though solicitor had assured me all accounts were frozen.
I would advice someone making a will to get assurances in writing from a solicitor that they will act in a fair and impartial manner. This solicitor has made it clear he represents one executor and only takes instructions from that person. It seems it is at the discretion of a solicitor whether he wants to deal with an executor and can come up with any number of excuses not to expedite the wishes of the testator. This solicitor is an absolute disgrace, and has blatantly lied to the Law Society. I have no faith anything will be decided in my favour by the Law Society it seems a solicitor is above reproach and completely unaccountable. I know I won’t leave a will in the trust of a solicitor, in this instance it has been a hindrance, not a help, to getting things expedited as per the wishes of my father.
@Mari Maxwell: just read this, so what did your Mother’s will stipulate! And wh was given enduring power of Attirney bynyour Mother/Father, as they would have needed to give this or otherwise be madevWards of Court, which is a long and consuming process. You dont jention either who was her primary carer whilst at home..
There should be absolutely no tax on inheritances. Enough tax was paid by the deceased through their lives . I think it’s disgusting that the state benefit from a loved ones death.
@Naoimh Ó Murchadha: what about millionaires? Billionaires? The loved ones didn’t do anything to earn the money, so of course there should be inheritance taxes
@Naoimh Ó Murchadha: Tax on tax on tax. The State actually takes all of the value of an estate over many decades. You pay on what you inherit. Your kids pay on what you leave them, which will include some of what was left to you. So you think that you actually own your house?
@Naoimh Ó Murchadha:
Zero tax on inheritance would be nice but unrealistic, 33% is high nonetheless. Given price rises in the property market at the moment politicians, especially FG with their older age profile supporters are going to come under pressure to increase thresholds.
Taxing too much on inheritance it is a disgrace. People paid for their house when they bought it with taxes on it. Then taxes again when sold why should the government get money of the house it should be the families full stop.
@Grainne Keegan: AND they introduced a property tax, so you never really have a debt property, it is only a millstone around ones neck and a revenue source for the state apparatus.
@Grainne Keegan: If I live in South Co. Dublin and leave a modest three bed worth €750K to my son/daughter he will pay €173K in inheritance tax. This often forces the sale of the property. Whether you consider this in itself to be fair or unfair consider a farmer who leaves a working farm worth €750K to his son/daughter. The inheritance tax is zero. This is unfair and inconsistent.
http://www.agriland.ie/farming-news/what-are-the-tax-implications-of-leaving-a-farm-worth-e750000/
@Sean:
The farmer needs that farm to provide himself/herself a living, someone living in South Co Dublin does not generally use his house as his living.
@P.J. Nolan: well you see it is not means tested so the farmer could have a very decent income from farming (even from half a farm), significant additional assets including property and even a number of other businesses and there would still be no inheritance tax payable on the transfer of the farm.
On the “depending on it for a livelihood” point a landlord is taxed as a business but when he / she tries to pass on properties to his offspring the asset transfer is taxed to the hilt. In many cases the tax is so high the property needs to be sold.
The point I am trying to make is that to be fair inheritance tax needs to be applied consistently to all sectors.
I’ve a mate who’s over 2 years in probate over 2 seperate solicitors milking it. That’s all they’re doing and it’s wrong!
@flabar oflabar:
The record in my experience was 7 years. (Major mistake made by solicitors in original will)
@P.J. Nolan: This year marks 8 years since probate issued in the estate of Dolores Maxwell. This beneficiary still has never received the section 68 letter outlining the costs in my mom’s estate: http://dolores-maxwell.com/john_white/open_letter_beauchamps_16_dec_2013.php
The UK democratised the probate system years ago. Its easy to follow guide demystifies the process. It makes it easy for the ordinary citizen. The Dublin probate office are exceptionally helpful to lay applicants but the website needs to be easier to follow .
Did it myself save a fortune, couple of days after form & papers submitted. Staff helpful… Also they have no idea of house prices.. always a bonus.. so i‘m told..
Sorry for the probably stupid question but the 17 wks in Dublin for solicitors applications, is that just for the appointment or for the whole grant of probate process ???
@Gwen Denny: I would think that its the Time that the probate office receives the application from the solicitors there should be a simpler system and avoiding solicitors if there is a choice
@Johnny Mason: you can apply to the Probate office in person and don’t need a solicitor. Agree the system could be made simpler
@Johnny Mason: thanks a mill . It’s 23 weeks since we signed everything for the solicitor, god knows how long it will take . And you’re absolutely right , especially if it’s straightforward. They need to overhaul the whole process
@Gwen Denny: That’s for the whole process. There is no appointment required for solicitor applications just for personal applications.
@Margaret Heffernan: thanks a million . I may get onto the solicitor to see if there is any news . Thank you
It’s only slow because solicitors are fcuking lazy
@Me_a_monkey: I rung mine 3 wks ago and never received a call back , then emailed him last wk and still no answer . He is an ignorant dog but I used him for a specific reason but I’m afraid to ring again
@Me_a_monkey: Not lazy, sneaky, “leave that with me and I will look at it later.”
€50+ for signature, looks bad if signed in front of customer.
@Gwen Denny: Hound him Gwen. Never stop hounding him. Make him dread you.
@Michael Fox: that’s what I would normally do to anyone that is doing or getting stuff for me ,but this lad is so ignorant and rude he intimidates me
@Michael Fox: well after still having no joy at getting an answer from my solicitor other than a 2 minute call 3 wks ago to say he would chase it up and get back to me , I rung the probate office today and even though I had signed all paperwork mid September 2017 the probate office have no record of any application in my fathers name or address at all .
have your say