Probate question

[richardland]

My father recently passed away. He had his own business and quite a few assets. My brother, whom I and others deeply distrust, is the sole executor. He and I are the major beneficiaries of the will.

My question is how do I check whether my brother has included all of my father's assets in the application for probate. For example I do not know how many bank accounts my father had. If my brother only declares some of them how do I find this point out?

[fredpuli47]

Don't worry, the Revenue will do it for you ! The executor has to list and have valued everything that the deceased owned at the date of death and satisfy them that everything has been declared and properly valued and draw up accounts of income and assets. The Revenue are very hot on questioning absolutely everything.Probate won't be granted until returns have been made and tax paid.What's more, probate is commonly granted while tax questions are not finally resolved (because these may take quite a while), so even then figures are often revised. As a beneficiary you are a person interested and could ask for a copy of accounts of the Estate in due course.Any non-dislosure by an executor could amount to a fraud on the Revenue and, in any case, he is personally liable for any loss or default and for penalties arising from his maladministration.

[richardland]

Thank you fredpuli47 for that very full answer. However if you have a very unscrupulous executor who will do whatever he can to squirrel away as much as possible how do the IR know that he has offered up everything. Do they have the power of searching?

[richardland]

Further to my last post, something I forgot to ask. How can I, as son of the deceased and major beneficiary, but not executor, search for the existance and extent of my father's assets?

[fredpuli47]

Richardland, it's obvious that you haven't seen the Revenue arm that deals with estates in action (some of us have )!They will demand full disclosure.They can and will directly access the banking system. They will search all records, personal, company, the lot. They may, and do, demand an explanation of every single cheque and payment.They leave no stone unturned.Any crook who did conceal an asset or income would be risking jail (it's a fraud on the Revenue and often on the beneficiaries) but, in reality, concealment is extremely difficult. The Revenue is inclined to the view that there is always something hidden or not fully valued.