Executor Powers

mick125

I am looking for information on the powers of an executor.
The executor is not named in the will,

for instance those the executor have the power to put up for sale property that was left in a will without seeking the opinion of those named in said will.

coylemj

How did this putative executor assume the role if he wasn't named in the will as executor?

Your post suggests that there is a will so how come nobody has been named as executor, was this a DIY will?

If there is a will but no named or surviving executor then S.13 of the Succession Act 1965 comes into play..


13.—Where a person dies intestate, or dies testate but leaving no executor surviving him, his real and personal estate, until administration is granted in respect thereof, shall vest in the President of the High Court who, for this purpose, shall be a corporation sole.

mick125

I did not explain the situation clearly enough,he was named in the will as the executor but he was not a beneficiary in the will.
My question is as he in not inheriting anything from the will has he the power to put up for sale property left to my partner without consulting her, he also decided what price was put on the property, my partner only found out about this when she saw the property for sale on the internet

dermot_sheehan

Property Legally vests in executor who holds it for the benefit of the estate.

Your partner is perfectly free to pay market value for the property and buy it from the estate.

DeepSleeper

Sorry to butt in, but I'm lost! Why would the OP's partner purchase a property that had been left to her in a will? Is that not buying something she owns already?

dermot_sheehan

The OP doesn't say the property was specifically bequested to the person living in it in the will.

Only that she is a beneficiary. The property belongs to the estate who might have several other beneficiaries. She can buy it from the estate which would then pay her share to her or pay the market price to the estate with a reduction with what she would have paid to her as a beneficiary.

bath handle

There might be debts be paid by the estate. In that case property may have to be sold to pay the debts. That is a matter for the executor to decidetaking into account the wishes of the beneficiaries.

FreudianSlippers

gabhain7 wrote: »

The OP doesn't say the property was specifically bequested to the person living in it in the will.

Only that she is a beneficiary. The property belongs to the estate who might have several other beneficiaries. She can buy it from the estate which would then pay her share to her or pay the market price to the estate with a reduction with what she would have paid to her as a beneficiary.

bath handle wrote: »

There might be debts be paid by the estate. In that case property may have to be sold to pay the debts. That is a matter for the executor to decidetaking into account the wishes of the beneficiaries.

As above, she may be able to discuss and make some deal with the Executor (on behalf of the estate) to purchase the property at a discount.
However, he must obtain a value that clears the debts (insofar as possible) and that is to the benefit of all beneficiaries.
So, if she is the only beneficiary and the debts are relatively small, she may be able to discuss some way of paying the debts herself and taking the property (rather than selling the property and giving her the remainder of the money)

Note that if there are multiple beneficiaries, they're probably going to want to get the most money possible for the house so that they get more cash in the end.

coylemj

But we need the OP to clarify something, he says that property was left to his partner, does he he mean that the deceased specifically bequeathed a house to his partner? In that case she is entitled to be handed that property and the residuary legatee(s) would have to wait for other property to be disposed of and debts paid before they get anything.

Unless the estate minus that property is in deficit, the OP's partner is entitled to get that property transferred direct to her without a sale.

And just to clarify something else, the executor can be a beneficiary under the will, the rule that confuses most people is that that neither of the two witnesses or their spouses can be beneficiaries.

DeepSleeper

coylemj wrote: »

But we need the OP to clarify something, he says that property was left to his partner, does he he mean that the deceased specifically bequeathed a house to his partner? In that case she is entitled to be handed that property and the residuary legatee(s) would have to wait for other property to be disposed of and debts paid before they get anything.

Unless the estate minus that property is in deficit, the OP's partner is entitled to get that property transferred direct to her without a sale.

And just to clarify something else, the executor can be a beneficiary under the will, the rule that confuses most people is that that neither of the two witnesses or their spouses can be beneficiaries.

Thanks for the clarification - I assumed from the OP's posts that the house had been specifically bequeathed to his partner alone, but I never thought about multiple beneficiaries or charges on the estate.

coylemj

mick125 wrote: »

he was named in the will as the executor but he was not a beneficiary in the will.
My question is as he in not inheriting anything from the will has he the power to ......

The fact that the executor is not named as a beneficiary is neither here nor there, it has no effect on how he is expected to discharge his duties as an executor.

mick125 wrote: »

has he the power to put up for sale property left to my partner without consulting her, he also decided what price was put on the property, my partner only found out about this when she saw the property for sale on the internet

It depends. If the will specifically says that property X is bequeathed to person Y and if the rest of the estate has a positive worth i.e. debts can be paid off and still leave that property and a positive cash balance, then the executor would be obliged to transfer the property to Y.

You need to give us a rough picture of how the other assets were disposed of in the will and if the estate is in surplus when that property is taken out.