The role of Executers, Trustees & Guardians in Irish Wills

ircoha

Looked at wills.ie and the other threads here dealing with wills and Trustees.

From wills.ie

"Giving everything to partner and/or in trust for your young children. Appointment of guardians, executors and trustees"

Am clear on the role of the Executor but am unclear on when Trustees and/or guardians are required.

I suspect a Trustee is required to cover off, in a simple case, the situation if children who are less than XX years old are orphaned.

Outside of the terms of a will do childern become adults at 18?
Can the will be used as a mechanism to extend the age beyond this, to say 25?

Where does the Guardian come into the deal?.

Any comments/links would be appreciated.

johnnyskeleton

ircoha wrote: »

Am clear on the role of the Executor but am unclear on when Trustees and/or guardians are required.

Trustees are required when a trust is set up. Note that the personal representatives of an estate are automatically trustees for the beneficiaries

ircoha wrote: »

I suspect a Trustee is required to cover off, in a simple case, the situation if children who are less than XX years old are orphaned.

All property that is given to infants under a will is held on trust and so trustees will need to be appointed to manage their share even if they have a surviving parent. s57 Succession Act, 1965

ircoha wrote: »

Outside of the terms of a will do childern become adults at 18?

It depends. For example, for the purposes of the Child Care Act 1991, a person under 18 years old ceases to be a child when they get married. For maintenance applications, they are a dependent child until 21 if they are in full time education.

ircoha wrote: »

Can the will be used as a mechanism to extend the age beyond this, to say 25?

I don't understand your question. Person X can leave property on trust to person Y on reaching the age of 25 if that's what you mean.

ircoha wrote: »

Where does the Guardian come into the deal?.

Sometimes there will be a term in a will appointing someone as guardian in the event that they and their spouse die. For example. I might appoint my brother as guardian of my children in the event that I die and their mother predeceases me. As far as I know, while this will be influential on the courts, it is not guaranteed that the person I elect in my will will be appointed by the courts, and I think there can be controversy where I try to appoint someone as guardian notwithstanding that the children's mother is still alive.

ircoha

Many thanks JS
Re

Person X can leave property on trust to person Y on reaching the age of 25 if that's what you mean.

exactly.

Thanks for insight that guardianship is a court administered business.

pauloriordanire

if for example
if we both die ,and then the childrens gardian dies who is responsible for the children

Tom Young

The children can be made wards of court and placed into the custody of the state. The 1990 Child Care Act has numerous priovisions which can and will deal with this type of concern, including interim care order, emergency care orders, gaurdian ad litem etc.

I suspect you don't have a burning desire to know.

johnnyskeleton

pauloriordanire wrote: »

if for example
if we both die ,and then the childrens gardian dies who is responsible for the children

The District Court has jurisdiction to appoint a guardian under s.8 of the Guardianship of Infants Act, 1964. Any blood relative who is prepared to be the Guardian will be appointed where the court is satisfied that it is in the best interest of the child.

pauloriordanire

wors case serinao ,who can legaily take responsibility if this hapens..
ie aunty
or relative
or the gaurdians spouse

johnnyskeleton

pauloriordanire wrote: »

wors case serinao ,who can legaily take responsibility if this hapens..
ie aunty
or relative
or the gaurdians spouse

Whoever the court thinks should be guardian in the best interest of the child.