Only just found the will?

Question

Sorry this a long question but-

A friend of mine Bríd died in December 07.

She was 24 and committed suicide.

Since she had no will everything she had went to her parents.

She didn’t have any real possessions of value but she had €12,000 in savings. This was all her own money she had earned herself.

Her best friend wanted to go through Bríds room (she lived with her parents) for keepsakes etc since they were planning to get a skip and clear out her bedroom.

The best friend lives in mayo (Bríd lives in Dublin which is nearer to me) so I offered trough her things and get whatever she wanted. I had a list of keepsakes I was looking for.

While I was in her room going through her stuff. I found on her video player under some videos all her bank statements and finance stuff.

I also found a will. It was made in 2005. She had left everything to her godsons. All her savings were supposed to be (less funeral costs of €2,000 for cremation and service) were to be given to her 3 godsons when they reached 18.

Her parents have already spent all the money. They had her cremated without even having a service and spent the rest of the money.

I don’t believe they knew about the will because I have no doubt in my mind what so ever that if they had known they would have destroyed it.

They abused her very badly through out her life and I know she wouldn’t have wanted them to have the money but I never thought she would have made a will being that she was so young.

Is there anything tat can be done?

Can her family be forced to pay the money back? (They can easily afford to)

They won’t pay it back voluntarily though.

Or is it a case of the money is spent so it’s too bad?

I fully intend to take the will to her solicitor but I’m just wondering what happens in these circumstances.

Answer 1

The will is genuine presumably and legally the parents will have to pay it back. If an executor named in the will give it to them. It is not your responsibility once you have done that. If you are the executor and you have agreed to do that tread warily you need a lawyer .  

Answer 2

Is the "Will" signed from an attorney? In order for it to be used in getting the monies back it has to be a signed document from an attorney. (Not something that your friend just wrote up).

I would call the attorney that signed the "Will". and ask his legal advice from there.

Answer 3

i thnk you should take it yes theyl be forced to pay the money,

Answer 4

What purpose would it serve to rake up the past? What is done is done. Though you feel that your friend has not been appeased how do you know her parents have spent the money and that they have not given the money to their daughter's godsons.

Onlookers think they know everything when in fact they know nothing.

I understand and commend your ethics but think very carefully before proceeding with what could prove to be a costly exercise.

Answer 5

You have a legal obligation to notify the court -- which you can do through the solicitor.  [In some jurisdictions -- I don't know about Ireland -- it is a criminal offense to suppress a will]    If you fail to do so, and the godchildren should discover the facts later, YOU may be held legally responsible for what they would have inherited.  

** Note:  The above is a general discussion of the subject matter of your question and not legal advice.  Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts  of your case. **