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executors of an estate

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  • 01-11-2014 9:55am
    #1
    roadrunnermick
    Registered Users Posts: 239 ✭✭


    Hi
    If there are two executors of an estate , can one of executors undertake building works on the house they will be become beneficiary, without asking for 2nd executors concent and claim back this as a maintenance cost during probate

    any advice would be great
    cheers


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    #2
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    roadrunnermick wrote: »
    Hi
    If there are two executors of an estate , can one of executors undertake building works on the house they will be become beneficiary, without asking for 2nd executors concent and claim back this as a maintenance cost during probate

    any advice would be great
    cheers

    The duty of the executor is to ensure that the will is completed in accordance with the wishes of the deceased. There may be a case for expenditure if necessary work is needed to preserve a property perhaps after a storm etc. I would say that agreement should be obtained before any funds are spent.
    It may be difficult to access funds from the estate before a Grant of Probate with the exception of paying undertakers expenses.


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    #3
    Paulownia
    Registered Users Posts: 590 ✭✭✭Paulownia


    roadrunnermick wrote: »
    Hi
    If there are two executors of an estate , can one of executors undertake building works on the house they will be become beneficiary, without asking for 2nd executors concent and claim back this as a maintenance cost during probate

    any advice would be great
    cheers

    Only do this with signed witnessed consent of the owner who is presumably still alive. Otherwise the will would need to be changed to allow for you carrying out repairs.


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    #4
    roadrunnermick
    Registered Users Posts: 239 ✭✭roadrunnermick


    Sorry meant to say the owners of the estate have become deceased and estate is going through probate at the moment and works have started on the house without the knowledge of the 2nd executor who is not the beneficiary of the house

    Thus can the executor that is progressing works claim this as an expense even though the 2nd executor had no knowledge or agreement


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    #5
    Paulownia
    Registered Users Posts: 590 ✭✭✭Paulownia


    roadrunnermick wrote: »
    Sorry meant to say the owners of the estate have become deceased and estate is going through probate at the moment and works have started on the house without the knowledge of the 2nd executor who is not the beneficiary of the house

    Thus can the executor that is progressing works claim this as an expense even though the 2nd executor had no knowledge or agreement

    No, you have no legal claim, in fact you have no legal right to do anything to the property without the agreement of the second executor. You do not say if there are other beneficiaries but it rather sounds like you are trying to increase your share, sorry for saying that if that is not the case


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    #6
    roadrunnermick
    Registered Users Posts: 239 ✭✭roadrunnermick


    Ha ha , not my problem thank god, Just was asked a question last night by someone in executer no 2 situation where the other executer has started works

    thanks


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    #7
    Paulownia
    Registered Users Posts: 590 ✭✭✭Paulownia


    roadrunnermick wrote: »
    Ha ha , not my problem thank god, Just was asked a question last night by someone in executer no 2 situation where executer has started works

    thanks
    Well then I can be completely honest, if you are lucky enough to be left a house by someone that is one thing.
    But if you then want to milk the estate for more when there are other beneficiaries you are actually attempting to grab someone else's share which seems a bit greedy


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    #8
    Mr. Incognito
    Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    The answer is No


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    #9
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    Mod:
    roadrunnermick wrote: »
    Thus can the executor that is progressing works claim this as an expense even though the 2nd executor had no knowledge or agreement
    Legal advice sought.
    Paulownia wrote: »
    No, you have no legal claim, in fact you have no legal right to do anything to the property without the agreement of the second executor. You do not say if there are other beneficiaries but it rather sounds like you are trying to increase your share, sorry for saying that if that is not the case
    Legal advice given.

    Read the forum charter. No legal advice is to be sought or given.

    OP, if you want legal advice, please contact a solicitor. You cannot rely on anything that has been said on this forum.


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    #10
    roadrunnermick
    Registered Users Posts: 239 ✭✭roadrunnermick


    The Mustard wrote: »
    Mod:


    Legal advice sought.


    Legal advice given.

    Read the forum charter. No legal advice is to be sought or given.

    OP, if you want legal advice, please contact a solicitor. You cannot rely on anything that has been said on this forum.

    Thanks mods :)

    , the people who are having the issue are going do so

    Sorry again did not mean to break the , rules

    I will be more carefull in future


  • Options
    #11
    Turtyturd
    Registered Users Posts: 28,394 ✭✭✭✭Turtyturd


    Apologies for hijacking this but I just have a question along the same lines.

    Where multiple executors are named, can one submit the application without the others knowing or do all named executors have to renounce/reserve their power?


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    #12
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    My understanding is that they must operate jointly unless some formally renounce the role.


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    #13
    Peregrinus
    Registered Users Posts: 26,056 ✭✭✭✭Peregrinus


    Turtyturd wrote: »
    Apologies for hijacking this but I just have a question along the same lines.

    Where multiple executors are named, can one submit the application without the others knowing or do all named executors have to renounce/reserve their power?
    Generally speaking, all the surviving named executors would either have to join in the application to be appointed, or renounce. You might have the odd case where, e.g., one of them is in a coma and you'd have to apply to court without them participating in any way.


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