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Exactly how much power would an executor have over an estate?

  • 25-05-2010 10:38AM
    #1
    Registered Users, Registered Users 2 Posts: 529 ✭✭✭


    If a house was for sale and a reasonable offer made could the executor of the estate turn down the offer hoping prices drop so that could purchase for a cheaper price themselves against the wishes of the benefeciries?


Comments

  • Registered Users, Registered Users 2 Posts: 6,767 ✭✭✭nuac


    No - an executor cannot behave like that.


  • Registered Users, Registered Users 2 Posts: 4,338 ✭✭✭Tom Young


    No, that would not be correct.

    http://www.citizensinformation.ie/categories/death/the-deceaseds-estate/dealing_with_the_deceaseds_estate

    They should not allow for devaluation of assets. See above link, which puts matters simply.


  • Registered Users, Registered Users 2 Posts: 529 ✭✭✭eagle10


    Thanks both of you for your input.

    How could one challenge an executor acting in this way?


  • Registered Users, Registered Users 2 Posts: 4,338 ✭✭✭Tom Young


    One would speak to a solicitor and do it very quickly. The executor can be removed though this is technically difficult.


  • Registered Users, Registered Users 2 Posts: 23 2breal


    Isn't it odd that the judicial system is set up so that if there is a problem with an executor you have to spend a big chunk of the inheritance to remove them. It appears its quite a common problem and the judicial system facilitates the executor, and you have to fight for your rights. Our Brother is the executor of our Mothers will and 3 years since her death, its still not in probate, he refuses to answer any questions, is rude and aggressive to anyone who asks a simple question, telling them not to bother him and get a solicitor. His country pub is surrounded by the farm the other siblings have inherited and he does not like the idea that there could be a change to his outlook, crazy I know, he says "over his dead body would anyone build on that land". Now we have to apply to the courts try to have him hopefully removed as executor, our Mothers solicitor protects him, as executor he has rights and ours are negated. It is a lousy system designed to breed corrupt thinking and enhance solicitors work. Anyone making a will please be very careful and appoint a truly impartial executor for your last wishes may or may not be carried out depending on the executor.


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  • Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    The judicial system is set up to respect the wishes of testators. Your mother chose her executor, and the courts will not lightly set aside her choice.


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