Yvonne asks:

My mother was left land in Ireland by my grandmother. A half share in the land went to her and the other half share was left to her brother who is now deceased. His
half was willed to his two sons. My mother is not able to proceed because one of her nephews will not respond to any solicitors letters or any correspondence or phonecalls from us.

Is there a law that states that one individual should not be able to stop proceedings by not responding to legal letters? Your help in this matter would be much appreciated.

Your question does not make it clear whether the land is situated in Eire or Northern Ireland. Broadly similar provisions for dealing with such issues do, however, exist in both jurisdictions.

The first thing to establish is how the legal title to the land is currently held and whether it is still in your grandmother's name, or was transferred into the joint names of your mother and her brother. If the land is still held by your grandmother's executors, then they will normally have thepowers to deal with the land on behalf of the beneficiaries and their heirs.

If the land was transferred into your mother and her brother's joint names then again, in certain circumstances, your mother (as a trustee of land) has powers to appoint an additional trustee to assist where the co-legal owner and trustee has died. I note that you have already sought the advice of a solicitor, but if they are not familiar with the possible trust and land law remedies available to you I would recommend that you speak to a solicitor with experience of contentious trust and probate matters. Ideally the solicitor advising you will be a member of The Association of Contentious Trust and Probate Specialists, which has members in both jurisdictions.

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