Executorship query.

Henry Ford III · 18-01-2019 01:05PM #1

Can an Executor also be a beneficiary of a will?

If so what happens where the will is disputed? What if the Executor considers the will unfair?

Do they have to recuse themselves from the role due to a conflict of interest?

Mr. Incognito · 18-01-2019 01:09PM

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

Henry Ford III · 18-01-2019 01:21PM

Mr. Incognito wrote: »

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

Useful but doesn't address my specific query.

coylemj · 18-01-2019 03:37PM

Henry Ford III wrote: »

Can an Executor also be a beneficiary of a will?

Definitely yes. The only people excluded are the people who witness the will and their spouses.

82.—(1) If a person attests the execution of a will, and any devise, bequest, estate, interest, gift, or appointment, of or affecting any property (other than charges and directions for the payment of any debt or debts) is given or made by the will to that person or his spouse, that devise, bequest, estate, interest, gift, or appointment shall, so far only as concerns the person attesting the execution of the will, or the spouse of that person, or any person claiming under that person or spouse, be utterly null and void.

The will is still valid .....

(2) The person so attesting shall be admitted as a witness to prove the execution of the will, or to prove the validity or invalidity thereof, notwithstanding such devise, bequest, estate, interest, gift, or appointment.

http://www.irishstatutebook.ie/eli/1965/act/27/section/82/enacted/en/html

Can't answer your other questions.

4ensic15 · 19-01-2019 10:12PM

Henry Ford III wrote: »

Can an Executor also be a beneficiary of a will?

If so what happens where the will is disputed? What if the Executor considers the will unfair?

Do they have to recuse themselves from the role due to a conflict of interest?

1. An executor can and often is a beneficiary.
2. If the will is disputed by the executor, the executor should recuse themselves and allow another personal representative to act.

Peregrinus · 21-01-2019 01:31AM

The executor is usually also a significant beneficiary under the will.

This makes sense, because as a beneficiary he/she has an interest in seeing that the will is executed quickly and efficiently, which is an outcome that benefits all the beneficiaries.

If the executor wants to challenge the will then, as 4ensic15 says, he/she should decline to act as executor, and let someone else (likely another beneficiary) take it on.

Executorship query.

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