# what power do executors of a will have before probate



## grenzgebiet (27 May 2009)

Would appreciate any comments on the following situation:

A family home willed to a number of nieces and nephews by an aunt with no direct family.
Two executors were named, one of whom is also an inheritor under terms of the will.
Work may need to be done to the house.
The executor who stands to inherit has taken steps to arrange for this work to be performed claiming that the responsibility for the house lies with the executors at present (probate not yet through).
Not all of the five who will inherit are in agreement with this - the work involves structural issues.
The second executor has taken the word of the first in good faith.

I guess my question is: 
Can the executors arrange for action to be taken without consent from all named inheritors?
(I will take legal advice if matters come to a head and executor presses on with this despite my objections - but would appreciate some input from anyone here who could help)
Thanks


----------



## mf1 (27 May 2009)

Executors powers derive from the will so yes, is the simple answer. However, executors must act in the utmost good faith so if you/other beneficiaries  think the executors are over stepping the mark you would have a possible cause of action if you incurred any loss. 

Its worth stepping back and asking the question - why is the executor doing this?

Is it to annoy everyone ( unlikely), or is it to safe guard the property  or is it some misguided notion that is unsustainable, or is it for some form of personal gain? 

So, you need to examine your own reasons for objecting and decide whether, just because the executor is doing something you don't want him to do, you have real grounds for your objection given that the aunt did appoint him as executor and not you. 

mf


----------



## mathepac (27 May 2009)

grenzgebiet said:


> ...
> Not all of the five who will inherit are in agreement with this - the work involves structural issues. ...
> ....
> Can the executors arrange for action to be taken without consent from all named inheritors? ...


 It would be nice if there was consensus amongst the beneficiaries and the executors, but the wishes of the beneficiaries have no sway, unless the executors choose to grant it. 

The legal responsibility and powers to protect, gather up and distribute the assets of the disponer rest with the executors, who must endeavour to  execute the wishes expressed in the will, satisfy the Revenue and other creditors all in a timely and effective manner.

BTW, the executors are only executors, if :


they are named in the will
they agree (either or both may decline)
the grant of probate is extracted.
Some more info : http://www.citizensinformation.ie/c...seds-estate/dealing_with_the_deceaseds_estate


----------



## csirl (27 May 2009)

> Work may need to be done to the house.
> The executor who stands to inherit has taken steps to arrange for this work to be performed claiming that the responsibility for the house lies with the executors at present (probate not yet through).


 
I think it all depends on the nature of the work. If it is urgent repairs to prevent deterioration of the house e.g leaking roof, thus maintaining the value of the asset, then the executor has a case.

If is renovation or decorating work which improves the value of the house, then I'm not sure the executor has the right to do it without agreement.

The crucial thing here is the difference between maintenance and home improvement. Maintenance yes, home improvement no.


----------



## Amerden (27 May 2009)

Sorry to hijack this thread, but.

I have a very similar situation, but only one executor, my problem is that the executor put the property on the market over four years ago at an unrealistic (high) price and after two years of trying to sell it at this price withdrew the property from the market, and is no longer actively trying to sell the property, the only time I get any information whatsoever is when I write to the solicitor. Is there anything I can do, legally, to force the executor to fulfill the wishes set out in the Will. How long can an executor drag this process out.


----------



## mf1 (27 May 2009)

Amerden said:


> Sorry to hijack this thread, but.
> 
> I have a very similar situation, but only one executor, my problem is that the executor put the property on the market over four years ago at an unrealistic (high) price and after two years of trying to sell it at this price withdrew the property from the market, and is no longer actively trying to sell the property, the only time I get any information whatsoever is when I write to the solicitor. Is there anything I can do, legally, to force the executor to fulfill the wishes set out in the Will. How long can an executor drag this process out.



What does the will actually say? How many beneficiaries are there? Is there communication between the beneficiaries themselves and between any of them and the executor? Why is the executor not trying to sell the property? What do you want to happen? Will the house  sell in the current market at a price that will please the beneficiaries? Are you willing to take legal action against the executor to force his hand? 

In general, the rule is that the executor has 12 months from date of death to deal with the estate and, after that, beneficiaries can take action. 

mf


----------



## Amerden (27 May 2009)

Thanks for your reply mf

Will says estate to be disposed of and split between nieces and nephews, problem is I’m only one of twelve and other eleven (including executor) are very close, grew up together, and not known to me, so would say that there is communication between the other eleven. Don’t know why the executor is not trying to sell the property, was refused rezoning 4 years ago. I would like the assets to be disposed of and distributed as per the Will. Regarding the selling price of the property, I think there lies the problem, it was on the market at a very unrealistic price, even when the property market was buoyant, and I think as the marker has declined they are unwilling to accept that the property was never worth the price they wanted, not to mind the price it’s now worth. I would be willing to take legal action if I thought I had a fair chance of succeeding, but would I, if it was one against eleven.


----------

