Both executors are now dead

damolee

What happens when someone leaves a will that doesn't get executed for years and in the meantime, both executors to the will also die... What are the next steps to getting the will executed?

If the man in question has no sons/daughters and his brothers/sisters are all dead, am I correct in saying a niece or nephew can apply to the Probate Court to be appointed an executor?

brian_t

damolee wrote: »

What happens when someone leaves a will that doesn't get executed for years and in the meantime, both executors to the will also die... What are the next steps to getting the will executed?

If there is a will but there is no executor, an administrator is appointed - usually the next of kin or a solicitor.

http://www.citizensinformation.ie/en/death/the_deceaseds_estate/dealing_with_the_deceaseds_estate.html

damolee

brian_t wrote: »

If there is a will but there is no executor, an administrator is appointed - usually the next of kin or a solicitor.

http://www.citizensinformation.ie/en/death/the_deceaseds_estate/dealing_with_the_deceaseds_estate.html

Yes there is a will. I know the solicitors firm who dealt with the man who made the will. Are they the solicitors who should apply to become the Administrators or can I ask any solicitor to do this? The solicitors firm has been pretty useless in dealing with the case already, the man is dead 25 years and they have done nothing!!

Pat Mustard

Any solicitor can deal with it.

Peregrinus

If the named executors are dead (or do not wish to act) then the next of kin can apply to become administrators. In the case you mention, if there is no surviving spouse, children, parents, brother or sisters of the deceased, then the next of kin are the nephews and nieces. They can all apply jointly to be appointed administrator or (more usually) they can agree among themselves which of them will apply to be appointed administrator.


The solicitors who drew the will do not become adminstrators and have no obligation (and indeed no authority) to take any steps to have the will admitted to probate until someone instructs them to do so - "someone" being the next-of-kin who is applying to be appointed administrator.

And the person applying to be appointed as administrator does not have to instruct the solicitors who drew the will; he can instruct anyone. (Or indeed he can apply himself, without legal advice.)

damolee

Peregrinus wrote: »

If the named executors are dead (or do not wish to act) then the next of kin can apply to become administrators. In the case you mention, if there is no surviving spouse, children, parents, brother or sisters of the deceased, then the next of kin are the nephews and nieces. They can all apply jointly to be appointed administrator or (more usually) they can agree among themselves which of them will apply to be appointed administrator.


The solicitors who drew the will do not become adminstrators and have no obligation (and indeed no authority) to take any steps to have the will admitted to probate until someone instructs them to do so - "someone" being the next-of-kin who is applying to be appointed administrator.

And the person applying to be appointed as administrator does not have to instruct the solicitors who drew the will; he can instruct anyone. (Or indeed he can apply himself, without legal advice.)

Peregrinus, that is indeed great advice and exactly what I was hoping for.... thanks a million. I will get onto a different solicitor to get appointed as an Administrator

damolee

If I get a new solicitor involved in this, (i.e to get them appointed as an Administrator), will they take their fee out of the proceeds of the will, or will I have to pay them seperately.

The will in question involves a house and the man who died wished that it be put of up for sale and the proceeds given to charity

Pat Mustard

damolee wrote: »

If I get a new solicitor involved in this, (i.e to get them appointed as an Administrator), will they take their fee out of the proceeds of the will, or will I have to pay them seperately.

The will in question involves a house and the man who died wished that it be put of up for sale and the proceeds given to charity

Legal costs should come out of the estate, so it would make sense that the solicitors would ask to deduct fees from proceeds of sale. However, that would depend on what agreement is reached.

If an auctioneer is engaged, he will probably come to hold a booking deposit. If so, he is likely to ask that this money should be applied towards discharge of his fee. The solicitor is likely to ask to paid similarly, in respect of proceeds of sale.

After deductions for debts, liabilities, taxes and costs, the net proceeds can be applied in respect of the charitable bequest, in accordance with the wishes of the deceased.

damolee

any idea what sort of fees a solicitor would charge for getting involved with a situation like this?

Peregrinus

I'm not sure what the fees will be, but they will certainly be less if, instead of getting the solicitor to act as executor/administrator, a family member acts and the solicitor advises him or her (which is the usual arrangement).

There'll be three sets of fees. First, fees for acting the the application for a grant of probate. Second, fee for advising on the administration of the estate. Third, fee for dealing with the sale of the property (which will be the same fee as for any other conveyance of property).

You can ask the solicitor for an estimate of fees before you appoint him.