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Executors and wills

  • 19-10-2012 6:01pm
    #1
    nudger
    Closed Accounts Posts: 1,449 ✭✭✭


    A person who is mentally incompetent due to an aggressive illness, who had made a will before their illness and had appointed an executor.
    Can the executor ask the solicitor to outline the will for financial reasons, hospital bills etc, and if so would the executor be told the full content of the will or nothing at all?


Comments

  • #2
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    nudger wrote: »
    A person who is mentally incompetent due to an aggressive illness, who had made a will before their illness and had appointed an executor.
    Can the executor ask the solicitor to outline the will for financial reasons, hospital bills etc, and if so would the executor be told the full content of the will or nothing at all?

    The person named as executor has no role until the testator dies.


  • #3
    dats_right
    Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    A Will only speaks from the testator's death. Therefore the Will does not really seem to have much relevance in terms of financial reasons or hospital expenses whilst the testator is still living.

    From the sounds of things, of more relevance at this stage is whether the person executed an Enduring Power of Attorney before they lost mental capacity. If they did then at this stage the EPA should be registered. If an EPA was not executed then it may be necessary to apply to the High Court to have the person made a a Ward of Court.


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