Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi all,
Vanilla are planning an update to the site on April 24th (next Wednesday). It is a major PHP8 update which is expected to boost performance across the site. The site will be down from 7pm and it is expected to take about an hour to complete. We appreciate your patience during the update.
Thanks all.

Executorship query.

  • 18-01-2019 2:05pm
    #1
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,616 Mod ✭✭✭✭


    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?


Comments

  • #2
    Mr. Incognito
    Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


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


  • #3
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,616 Mod ✭✭✭✭Henry Ford III


    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.


  • #4
    coylemj
    Registered Users Posts: 25,317 ✭✭✭✭coylemj


    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.


  • #5
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    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.


  • #6
    Peregrinus
    Registered Users Posts: 26,045 ✭✭✭✭Peregrinus


    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.


  • Advertisement
Advertisement