Fraudulent Affidavit Accepted By The Probate Office In Ireland

[Rapture38]

Hi to all
I am the named Executor in my late Mother's will, in looking into her property dealings I discovered my late mother's solicitor filled out a high court inland revenue affidavit without my knowledge my signature is not written on affidavit it is typed and some of the information in this affidavit is false. how can a house be accepted into probate without my handwritten signature. How do i go about getting Justice? The property left to me went to probate as a freehold, but according to Land Registry it has always been a leasehold. Revenue say its a criminal matter, but the DPP have refused to investigate the solicitor involved in my complaint can you give me any advice on what I should do next .

[Buenchico]

Complain to the relevant regulatory authority:
https://www.lawsociety.ie/Public/Complaints-against-solicitors/
(That assumes that the solicitor is in Ireland. If he's actually in the UK, even though probate was handled in Ireland, see here: http://www.sra.org.uk/consumers/problems.page ).

However there might be nothing wrong with your handwriiten signature not appearing on the paperwork. In appointing him as executor you might well have given him the right to act as your agent (thus enabling him to sign on your behalf). Further, the Land Registry records are more likely to be show the true status of a property (i.e. freehold or leasehold) than something which has been reported to the solicitor by someone else.

[Peter Pedant]

Um, I assume you are Republic. An important difference is that ROI does not have the counter part of the Law of Property Act 1925 ( for political reasons - E de V wanted to be different so there was no land law reform, and land law was left as it was - in the eighteenth century! )

I mean what is your problem - you want to screw the solicitor ? Their regulator may not accept there is wrong doing on the facts as you present them - and they certainly wont fight a case on your behalf.

There is question to title on the property you sold ?
correcting a land title is terribly technical (called rectification I think ) - see a lawyer specialising in this and pay lots of monnay !

The tax man is chasing you on the value difference between value of a free hold and a leasehold ? and his share of the tax
( remember in Ireland there are still land titles which the Brit LPA 1925 ended - entails and god knows what).
You will need a land lawyer who specialises in titles, transfers and tax consequences.
these do exist - I am dealing with one myself following er um imperfect transfer of title in England. They are expensive.

or .... there are no consequences in terms of money, you just feel possed off....

ho hum good luck. I am looking at a bill of a few thousand. (plus VAT )