# non co-operating executor of will



## Ravima (26 Sep 2005)

what is the best course of action to take against an executor of a will who is delaying settlement. it took 14 months to get him to meet solicitor who held will and since than, a further 18 months, nothing has happened.

can a beneficiary do anything to speed things up? can the executor be removed and if so, how.


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## Ann-Marie (26 Sep 2005)

you could go to the solicitor yourself and if you wanted to remove the excutor you will have to go to court


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## DrMoriarty (26 Sep 2005)

And/or report him/her (with relevant paper-trail) to the http://www.lawsociety.ie/?

I'd a very unpleasant experience along these lines, some years ago, when my own Dad passed away unexpectedly. The appointed executors took 2 years to "execute" a perfectly straightforward estate, with all the paperwork already done for them in advance, then demanded an obscenely fat fee for their trouble (and nothing I could do about it, on legal advice). I was also billed through the nose for a "consultation" fee every time I'd contacted them to try to move things along (on foot of the meaningless written response/"form" letter they'd send me, each time). And guess what? Several years down the line, long after "final settlement" had been made, it turned out they'd _still_ managed to cock up a couple of simple issues... (at least they hadn't the gall to bill me for notifying me of those!)  

I've made sure since that neither "they" nor any-of-their-like will get a penny from my own (far more modest) estate, come the day...

If the executor is a private individual, as opposed to a solicitor/financial institution, you unfortunately will have to go to court, as PINK has said. It sounds like you have ample grounds, though. Run it by an independent solicitor and get an honest rolleyes:?), "up-front" quote as to what his/her fees will be, then calculate the odds.


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## Marie (29 Sep 2005)

M_y_ experience when my mother died 3 years ago was the Executrix (my mother's sister) decided 3 days later to _formally withdraw from the role! _as her health was not robust.  The executorship automatically devolved to myself and my sister (the other beneficiary).  My late mother's solicitor requested us both to attend his office to jointly instruct him on disposal of the estate.  Because my sister did not wish to work co-operatively with me. (old sibling rivalry stuff) she transferred the work to _another_ solicitor (without informing me).  The solicitor she chose was very chaotic and inefficient and I am _still_ waiting for shares and bonds to be transferred into my name.

I wrote to the Irish Law Society who said 'get yourself another solicitor to sort out the first one' (!!! ).  Other advice was that I could bring an action against my sister for financial loss incurred through her (frankly crazy!!) obstructions at every stage.

However - life is short!  Unfortunately unless you are prepared to spend an inordinate amount of time writing letters and attending meetings and taking this stuff through the courts there is little you can do apart from learning  from what is an unpleasant ugly blob in life's rich pattern.


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## Vanilla (29 Sep 2005)

As stated above you can take an action in this case where the executor is delaying matters, however if it does go to the point of a court suit there will be costs involved, and this will inevitably reduce the amount available for distribution. The best solution, if the executor has effectively done nothing as yet would be to get him or her to renounce and have the next person entitled deal with the estate- that is if they are willling and able. Get legal advice as to who would be next in line to deal with the estate if that person is willing to renounce.


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## Ravima (29 Sep 2005)

thanks for your help. will try to meet with solicoitor to review position and options. will report back later


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## Ravima (1 Oct 2005)

Met solicitor yesterday. Problem was that the executor would not give his PPS number to solicitor and because of this, the Revenue documentation could not be completed and submitter to Probate office. PPS number now obtained, and Revenue forms are to be submitted in next few days. I am then told that Probate should issue within 2 months.


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## Ravima (15 Dec 2006)

Given that 14 months have gone by since last post on this topis, I feel that I should bring you all up to date.

It is a long and tedious procedure to remove executor.

To date, we have been in the High Court on four occasions. Executor never bothers to tuen up and is not legally represented. On each occasion, the case has been adjourned to allow her time to present herself. The Master heard it day 1 and adjourned for two weeks to allow her attend. When she did not, the case went before a judge, who gave her another chance and adjourned for a week. A different judge heard the following week and made a further order that the assents must be signed by a date in january or else the court will appoint an executor.

All I have learned thus far, is that law is expensive and that if you totally disregard it, then there really is not much punishment can be imposed. 

I hope that costs are given to us for all the days spent there.

I will report on conclusion of the case.


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## Marie (16 Dec 2006)

Ravima - I doubt if you can claim court costs.  Perhaps someone who works in the legal field will confirm this but I understand expenses involved in probate matters of this kind are simply deducted from the estate.

Having suffered emotionally and financially through this process I feel the Executor system is an anomaly.  It originates in a value-system which no longer applies.

I'm spending as much of my dosh as possible and specifying interesting and worthwhile projects what remains be spent on  since there are no pockets in a shroud.  Family will be spared the coruscating probate stuff and instead an enjoy themselves at my fancy OTT funeral  .

All the best with your own situation.


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## jake108 (17 Dec 2006)

A friend of mine is going through pretty much the same thing (executors stalling with sorting the estate). After getting legal advice it appears to be a long and expensive road ahead. Friend just wants it all settled asap but has shag all rights! Absolute bull!! The entire system needs to be changed regarding executors.


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## bond-007 (18 Dec 2006)

I am surprised that the master of the high court would be so tolerent of such a case. I am shocked that they will keep giving time to the person that does not show up.


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## balga (3 Jan 2007)

Have an interview at the Probate Office to apply for grant of administration Friday next.  This has finally occurred after death took place over 2 years ago.  Agreement between relatives, discussion of the matter has been difficult to obtain.  Quite frankly the whole thing has been baffling.  The house, mother died intestate, has been sitting idle and empty.  The estate itself seems simple and straightforward.
It is my opionion that legislation should be enacted requiring the taking out of probate within 6 months of the issuing of the death certificate.  Exception could be made for good cause to relevant authority.


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