# Fathers Will as one of the executors, where do I stand?



## Mr Jackeen (1 Sep 2008)

I hope someone can help with my query.  My Dad died earlier this year and has left a will (both my sister and I are executors) for us to sort out.  However, I live in UK and my sister in Ireland and she has decided she wants to take control of administration.  I was happy with her to do so but recently I recieved a copy of my Dads will along with a letter for me to sign to say I agree that my sister can administer the will.  Although I haven't signed and returned it yet, it states that I can at any stage partake jointly in the administration of the Estate but the solicitor is extracting a grant of probate in my sisters name only. 

I have since learned that a life insurance policy was paid out to myself and my sister but the cheque went to my sister which she put in her account and she has informed me that it will be used to pay for my Dads funeral expenses etc (My sister hasn't told the solictor about this cheque) so Im not sure what I should do.

My Dad has instructed that all of his Grandchildren should get X amount of money to be held in trust. This money should come from the sale of any property my dad left.  My sister doesn't want to sell the house and currently has a friend renting it, she is getting all the rent money. Is there something I can do about this?

I don't want to fall out with my sister but equally I feel I should get what I'm entitled to.  Can anyone tell me where to go from here?  Please help.


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## dazza21ie (1 Sep 2008)

If you fear that your sister will not properly administer your father's estate then you should tell the solicitor that you want the Probate taken out in joint names. That way you will have more control over the estate and can take part in the decision relating to it.


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## mercman (1 Sep 2008)

This looks like it is heading for a disaster. For example the rent on the property should be placed into an executor account until Probate has been granted.

You need to tell the solicitor acting for the estate as to what is going on. Otherwise it sounds like you both will end up paying Tax and penalties if not done correctly.

Without my prying, I cannot see how the full amount of a Life Assurance Policy is been used to pay for Funeral expenses. An average funeral in this country costs approx €5,000.00.

It all boils down to the Will. These were your father's wishes. Not your's, your sister's or anyone else.


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## justsally (1 Sep 2008)

If joint executors are appointed can one executor act without consulting the other executor where relationships might be strained? Is there such a thing as co-executors under Irish law?.   How can a solicitor move to take out probate in one executor's name before the letter of renunciation has been signed?.  Has the said letter to be attached to the probate application.


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## dazza21ie (1 Sep 2008)

> If joint executors are appointed can one executor act without consulting the other executor where relationships might be strained?


Most actions by executors require both their signatures when the Grant issues in joint names e.g. selling land, transferring land, withdrawing bank account proceeds. 




> Is there such a thing as co-executors under Irish law?.


Yes.




> How can a solicitor move to take out probate in one executor's name before the letter of renunciation has been signed?.


A renunciation is not necessary. An executor can reserve his/her rights and therefore could take part in the estate at a latter stage e.g. if the other executor dies. If s/he renounces then they cannot come back at a latter date and administer the estate. 




> Has the said letter to be attached to the probate application


 No. When the single executor applies s/he swears an Oath for Executor and in this it states that the other executor is reserving his/her rights. If a renunciation was signed, however, this will have to be lodged in the Probate Office with the application.


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## justsally (1 Sep 2008)

Very Helpful Reply.   Btw, what is the difference between co-executors  and joint executors?.


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## picorette (23 Oct 2008)

On a similar note regarding Executors, my Aunt died earlier this year. My sister was dealing with her financial affairs and began dealing with the will and Solicitor as one of the Executors. I have since found out that I am the other Executor.

Two questions. 
Would the solicitor not have been under some obligation to tell me?
Can I get involved in the administration of the will even though Grant of probate has been made?

Thanks in anticipation of your replies.


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