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What exactly does an executer do?

  • 16-11-2012 5:08am
    #1
    eamon11
    Site Banned Posts: 518 ✭✭✭


    Folks,

    father recently passed away. There are 6 children but I am the will executer with a brother. What do they do?
    My brother is in Australia, is that a problem? Would he need to be here to co-sign everything with me or is/will my signature be enough?

    Thanks a lot

    Eamon


Comments

  • #2
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,987 ✭✭✭✭Peregrinus


    The job of the executor is to

    - gather in the assets of the deceased
    - use them to pay the deceased debts, funeral expenses, etc
    - distribute what is left to those entitled under the will (or, if there is no will, to those entitled under the law which determines the distribution of estates where there is no will).

    In order to do all this, the first thing the executor has to do is to apply to court for a grant of probate - a court order authorising him to deal with the deceased assets, and do what has to be done. Although this is a court order, there is (usually) no court hearing; it's all down on paper, in the office.

    In this case, where you and your brother are named as executors in the will, but it's not going to be convenient for him to act, then you can apply for the grant of probate and he can "renounce" his right to be appointed along with you, and the court will appoint you alone.


  • #3
    eamon11
    Site Banned Posts: 518 ✭✭✭eamon11


    thanks perigrinus,

    you are a gentleman.

    would my brother have to renounce his right of appointment or would the fact that he didn't turn up not speak for itself? If he needed to do it in writing would a simple signed letter be enough?

    Can I do all the work myself without a solicitor? There are many of us and very little assets. The land will be divided between 4 and 2 will get any money left over. Is a solicitor strictly necessary? If I have all the correct folio numbers and area and maps etc for the land, may I do everything myself?


    Tks a lot,

    eamon


  • #4
    eamon11
    Site Banned Posts: 518 ✭✭✭eamon11


    anybody?


  • #5
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    You can do it yourself, but it can be a lot of work where there are multiple beneficiaries. I'm a barrister, so I have zero experience or knowledge in dealing with the work from a professional viewpoint; however, a few years back I was the executor of a will and it can be a hassle. If there is very little money in the estate and you and your siblings cannot really afford a solicitor to take care of it for you (or you're keen to DIY) then it is totally doable. If, however, you feel you have better ways to use your time and it's worth it to hire a solicitor to take care of everything then hire a good solicitor.


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