Is executor liable for funeral costs if estate lacks funds?

pcocp said:
An elderly man passes away, pre deceased by his wife, there are no children.

It seems the house was in her name only and in her will it was left to a nephew of hers, who lives abroad. Her husband was given a life interest, and never told anybody the situation until shortly before death. There were and are no other assets, only a small amount of money in one bank a/c.
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Just re-read this thread, and unless I am missing something obvious, my understanding was that the wife could only bequeath her share of the house ie. 50%, as her husband surely owns the other 50% as per family law, regardless of only one name being on the deeds ?

Unless being given a "life interest" satisfies that requirement.

Can anybody clarify, please?
 
The husband would have had to lay claim to his share - 50% of the deceased wife's estate - it is not an automatic vesting of a 50% share and he should have been served with a notice by the executor of his entitlement. This may have happened - we're not told. Some people take the view that they would not upset a will, whatever their legal entitlements.

If he made no claim but accepted the life interest that's the end of it.

mf
 
mf1 said:
The husband would have had to lay claim to his share - 50% of the deceased wife's estate - it is not an automatic vesting of a 50% share and he should have been served with a notice by the executor of his entitlement. This may have happened - we're not told. Some people take the view that they would not upset a will, whatever their legal entitlements.

If he made no claim but accepted the life interest that's the end of it.

mf
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Thanks for clearing that up, I just thought the wife wouldn't have been allowed to "play around" with the husbands entitlement at all.
 
I was wondering about the late husband's rights too.

Specifically, I thought that a spouse had an absolute right to appropriate the house and household goods and chattels under section 56 of the Succession Act 1965.

S.56 link http://www.irishstatutebook.ie/eli/1965/act/27/section/56/enacted/en/html#sec56

If that holds here was the wife's original will not defectively drafted i.e. being allowed to make a bequest contrary to her obligations under the 1965 Act ?

Is it possible for the husband to have renounced his entitlement before his death by taking the supposed life interest ? Sounds decidedly odd.
 
The surviving spouse has to elect - it is not an automatic situation


http://www.irishstatutebook.ie/eli/1965/act/27/enacted/en/print#sec115

"If that holds here was the wife's original will not defectively drafted i.e. being allowed to make a bequest contrary to her obligations under the 1965 Act ?"

Solicitor's advise, clients make their own decisions. It is more likely that she was told and opted not to listen. It is a common misapprehension that solicitors "allow" their clients to do anything!

mf
 
SparkRite said:
Just re-read this thread, and unless I am missing something obvious, my understanding was that the wife could only bequeath her share of the house ie. 50%, as her husband surely owns the other 50% as per family law, regardless of only one name being on the deeds ?

Unless being given a "life interest" satisfies that requirement.

Can anybody clarify, please?
Click to expand...

Does it not depend on the ownership structure: tenancy in common versus joint tenancy.
http://www.citizensinformation.ie/e...es/property_rights_and_unmarried_couples.html
She might have owned it all?

I may be wrong here, am just looking at this idea for a friend from the perspective of trying to protect his half of the estate on his death so I may be all wrong here..:)
 
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