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Wills & Executor

Dumb Juan

Hi,

Just wondering when someone dies, with the first meeting with the solicitor is that just with the executor or is it the executor and beneficiaries or just the beneficiaries?

Also without making a new will, can an executor be removed from without the executor's consent? How do you remove an executor?

Thanks.

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L1011

What meeting - there is no requirement for a solicitor to be involved at all.

You make a new will to remove the executor from your existing one.

AnRothar

When a person makes a will they are outlining what they would like to happen to their things after they pass away.

They name an executor to carry out their wishes.

It is the executor's function to carry out the wishes of the deceased.

They do this by taking control of the assets of the deceased.

Then paying any outstanding bills or debts.

When this is done they can begin to distribute what's left i accordance with the with will.

The beneficiaries have no role to play in the process.

When someone makes a will it's probably a good idea to tell people where it is.

If someone makes a new will then they should clearly indicate it revokes all previous wills.

If this new will names a different executor then this new person now assumes the responsibility for carrying out the wishes of the deceased.

A solicitor may or may not be involved, if there is property then they will be necessary.

If there is a valid will with a named executor and for some reason you wish to remove them,that's a different kettle of fish.

Dumb Juan

Thanks for the reply but the testator died before making a new will.

So who does the solicitor call to the first meeting where the will is read?

if the testator has died, how do you remove an executor? Just say there is two executors who have fallen out.

L1011

https://www.boards.ie/discussion/comment/123238141#Comment_123238141

This isn't America - we don't have will readings.

Dumb Juan

Hi,

When my father died the solicitor called my Mum & siblings into a meeting room and read the will to us and then gave us a copy. My sister was executor. This was our first meeting with the solicitor.

So who goes to meet with the solicitor when they have been notified of the death of the testator?

Thanks.

L1011

https://www.boards.ie/discussion/comment/123238190#Comment_123238190

There are no specific rules for this, and indeed this does not need to happen at all. Indeed it rarely does.

I have a feeling you're working around asking your actual question here.

AnRothar

The last legal will goes.

Where you have an even number then it's possible for both sides to cancel each other out.

There is a legal process to remove an executor.

It's not simply a matter of saying I don't like you and I want someone else to takeover

Claw Hammer

https://www.boards.ie/discussion/comment/123238190#Comment_123238190

The executor is the person who instructs a solicitor, if they want. An executor does not have to instruct a solicitor to extract a grant of probate and distribute assets. If there is a meeting with a solicitor, in theory the beneficiaries have no business attending unless the intended executor is dead or otherwise declines to act.

Dumb Juan

Sorry AnRothar I missed your post. Thanks.

Is it difficult to remove one executor, while just leaving one other?

Dumb Juan

https://www.boards.ie/discussion/comment/123238195#Comment_123238195

Thanks for your answer which has satisfied my curiosity & concerns. When I have thought abit more I might have another question to ask.

Dumb Juan

Thanks all for your responses.

Claw Hammer

https://www.boards.ie/discussion/comment/123238206#Comment_123238206

It is quite difficult to do it. It means a court application based on some reasonable grounds. The courts view the testators wishes to have a particular person act as executor to be paramount and only to be displaced if there is misconduct, unreasonable delay, conflict of interest or incapacity such as dementia or illiteracy.

monseiur

https://www.boards.ie/discussion/comment/123238141#Comment_123238141

I'm not a solicitor but your statement ''the testator died before making a new will'' would in my understanding mean that the final will the testator made before he/she passed away is the one and only document that the executor must follow.

It may be legally possible to remove the executor and appoint another one but unless it can be proven that the final will was made under duress or that the testator was mentally unfit etc. at the time of making the will or was in some way taken advantage of - otherwise the final will stands and cannot be changed.

glaswegian

Hi, i made a will a few years ago where the solicitor who took care of the legal part is named as the executor, i don't own any land or property, i have a bank and credit union account which i have left the balance of these accounts to a beneficiary, my question is, does the beneficiary need the services of a solicitor to transfer accounts? or is there a more straightforward way of doing this?

Thanks.

Peregrinus

A solicitor is not needed in a case like yours. I'd make a new will on similar terms but naming the primary beneficiary as executor (unless there is some reason why the primary beneficiary would not be a suitable executor). When the time comes the executor can decide whether they want to retain the services of a solicitor or deal with the administration of the estate themselves.

whiterebel

https://www.boards.ie/discussion/comment/123238340#Comment_123238340

If one of the Executors hold up the will beyond a reasonable time you can apply to the courts to change the executor. It does involve a barrister and the High court.