Role/Liabilities of the Executors of a Will

Hi,

I'm assisting an elderly friend to write his will. It looks like I might be the only option to act as Executor for his will. (I have separate independent Witnesses for the signing of the Will).

Role of the Executor(s)?

Is the responsibility of the Executor just to make sure the content of the Will is carried out as far as it possible, without any legal or financial liabilities for the Executor?

If asked, would the Church sometimes as Executor to a Will?

Thanks

4ensic15

Go to a solicitor and get the will professionally drafted.

4ensic15

4ensic15 wrote: »

Go to a solicitor and get the will professionally drafted.

This is a very straightforward will and a Solicitor is not required.

4ensic15

Damari Whining Topcoat wrote: »

This is a very straightforward will and a Solicitor is not required.

Rubbish. You are no judge of how straightforward making a will is judging by your opening post. You do not have professional indemnity insurance. A solicitor does.
Not getting a solicitor to make a will is the ultimate false economy. Most charge very little and simple mistakes can be avoided and if the solicitor messes up he can be sued.

I wish no further exchange with you 4ensic. Thanks anyway

4ensic15

Damari Whining Topcoat wrote: »

I wish no further exchange with you 4ensic. Thanks anyway

You are welcome!

s7ryf3925pivug

Executors can be sued by beneficiaries for any losses they cause them. For example, selling property at less than its value, failing to monetise assets, taking too long to sort it all out (more than one year from time of death).

Ruby Few Queue

Ruby Few Queue wrote: »

Executors can be sued by beneficiaries for any losses they cause them. For example, selling property at less than its value, failing to monetise assets, taking too long to sort it all out (more than one year from time of death).

Many thanks Ruby Few Queue. You have answered my question and its very much appreciated.

nuac

Mod
As you have already been advised the proposed testator should consult an experienced solicitor

hullaballoo

OP, despite the condescension in 4ensic's posts, the point is actually correct.

DIY lawyering is rarely a good idea but in particular for a will, there is no substitute for a good solicitor to draft it. I am a professional lawyer myself but not a solicitor and I didn't even have a second thought about paying a good solicitor a few quid to make sure my will was done correctly. Probate, even for seemingly straightforward matters, can turn into a farce if things aren't properly drafted.

When you consider that the main party to the document, the testator, will be unavailable to clarify any issues that may arise, it makes a certain amount of sense that it's important to pay a very small fee to a professional to guard against making what is already a difficult time even more difficult.

I think a will costs about €50-100 now too so I'd personally be prepared to pay that ten times if it meant the thing was done properly.

I'll add that the formulation of words for wills and probate is important and it is beyond most people, including some lawyers (like myself!) The further point above is that of everything ultimately does go belly up regarding the will, as the person who drafted it, you are on the hook in terms of being sued by any number of dissapointed beneficiaries, including potential beneficiaries.

All in all, I'd prefer to have the assurance (and indeed insurance) that goes with a properly and professionally drafted will.

I'm not going to outline the circumstances of this will.

Blerg kindly answered my question. And that's all I needed. All of the rest may be well intended advice but in this particular circumstance, it's not relevant to the question I asked.

I do however appreciate the cautionary advice that has been given and I also note the tone in which some of it has been deleivered. But that's Boards.ie for ya.

Mods you may use your authority to close the thread if you consider that appropriate.

Thank you.