executor of a will /problems after distribution

Hi there,

I'm new to this board which seems very good and am desperately seeking any legal advice please.

Ok the story is my late aunt died in 2009 and willed her house to my sister and husband who were her carers as her husband and son had predeceased her. I was informed I was executor in 2010 which was a surprise to me.

I went to see her solicitor who told me I had nothing to worry about as she would carry out all neccessary works as my aunt had already put her house up for sale in 2008 to move into the beneficiaries home for long term care. I was told to just call when she phoned me to sign off on neccessary documents as they unfolded eg revenue, tax, debts, sale of house etc and I did and the proceeds were distributed to beneficaries.

I also informed her there was a family dispute ongoing as my aunt's brother was to get the house prior to the beneficiaries and this was known to family. My aunt changed her will 2 yrs before her death to move in with the beneficaries and he was unhappy with this as at the time her husband died very unexpected and he her brother did home improvements for her and she paid for all materials. I'm unsure whether she paid him for labour but she did pay his worker and all works to value of €1,000 max were completed within 2 weeks. Knowing my aunt she was a proud woman and would have owed nobody a penny, anyway she told him she had decided to sell and he got the hump with her and he never seen her again till her funeral 2 yrs later. So he knew the house was for sale and even after she died it was still for sale.

At the end of May, 2010 approx all assets from sale of her house were distributed and will finalised, and then in Sept, 2010, 2 yrs and 5 months after he carried out the works he submits a bill to my aunts solicitor looking for €10,000 and issuing me with a civil case for selling the house without paying him, UNBELIEVABLE. He never approached me or the solicitor with notice of a bill, invoice, phoned, nothing was brought to our attention at time of distribution to any notice of his claim. Both myself and the beneficaries went to see my aunt's solicitor who said me the executor is the correct defendant and the beneficaries are not liable as he is not contesting the will but has the right to follow property and the executor would have to be successfully sued before I could recoup from the beneficaries, the beneficaries walked away and told me its my problem in a horrible way!

So now I've been issued with a civil circuit court bill as well as beneficaries been named also and I've not got any legal representation, legal aid wont touch civil matters, only the power of the internet to educate myself and all I can do is go into court tell the truth.

I've done nothing wrong and hope the judge sees the truth come through, can any advise me am I liable? I'm out of work on social with 3 kids and going demented and my family is torn in 2. I would really appreciate any help or advice and thanks for reading .

If the solicitor did the work for a fee, she has some responsibility in the matter. You told her that there was a family dispute, so she should have been particularly careful. The best procedure would have been for her to publish a "Statutory Notice to Creditors" as provided for under Section 49 of the Succession Act (http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0049.html).

I think that if she failed to do so in the circumstances that you describe, she might be considered negligent. At the very least, she should look after your defence of the action.

If your description of the circumstances is reasonably accurate, I suspect that a judge might give the claimants short shrift.

Hi Padraig,

Thanks for your advice.

I've been researching lots and I keep coming back to the point that she never put a notice to creditors on any paper and when I questioned it I was told it wasn't neccessary. Also when we got notice he was looking for payment for an unpaid debt the solicitor who handled all of the will and sale of house didn't contact us or deal with anything to do with it any more. A part time solicitor was put on the case instead and when I questioned why she wasn't dealing with it I never got an answer.

I really do feel I've been shafted and left in the lurch by all and feel its so unfair. I never got a penny or claimed expenses and to think of what the beneficiaries inherited its so wrong.

Do you know is it a legal requirement to publish a notice to creditors? I've noticed lately that she the solicitor is now putting notices on papers but never did in our case.

booboo said:

i really do feel ive been shafted and left in the lurch by all and feel its so unfair i never got a penny or claimed expenses

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Executors to a will, are entitled to expenses, especially when they are not beneficiaries.

It's not a requirement to publish a statutory notice, but it is a protection for the executor. In any estate where there seems to be the possibility of conflict, or if a situation is in any way unclear, then I would think it good practice to publish a notice.

Remember that the solicitor was really working for you, and has a professional responsibility to you. In my opinion, that should include dealing with outstanding business such as a claim like this.

In a situation like this, I would be on my way to the Law Society to invoke their complaints procedure: [broken link removed] . If you prefer a lower-key approach, you could tell her that you are thinking of lodging a complaint, and see if that stirs her into acting more vigorously on your behalf, and keeping you better informed. I would also put my communications with her in writing, and I would make full notes of any conversations I had with her.

Thanks Padraig you have been so helpful and I'm starting to feel a bit more at ease now. Yes indeed I agree with you that I should make a complaint to the Law Society as some body needs to be held responsible and I won't be wronged as I would never do such a thing to anyone.

My aunt changed her will 2 yrs before her death to move in with the beneficaries and he was unhappy with this as at the time her husband died very unexpected and he her brother did home improvements for her and she paid for all materials. I'm unsure whether she paid him for labour but she did pay his worker and all works to value of €1,000 max were completed within 2 weeks.

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2 yrs and 5 months after he carried out the works he submits a bill to my aunts solicitor looking for €10,000 and issuing me with a civil case for selling the house without paying him,

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What is he claiming the €10k is for? He isnt entitled to any money just because your aunt changed her mind and left him out of her Will. He also cant change the original agreement with your aunt after the effect - if he agreed to do the work for nothing or cheaply because of the family relationship, he's stuck with that deal - cant change his mind because he's unhappy with events that happened later. I'd imagine that the next step would be to ask him what proof he has he is due 10k.

Hi thanks. He agreed to do the work for free because at the time he was under impression he was gettin the house but his labourer was paid. He even told me he didn't want payment. He has never outlined how 10 grand of work was done when only €1,500 was spent on materials. He's not a tradesman, doesn't have a C2 cert and has never showed us anything solid.

I think he is trying to scare monger to an extent and see who breaks and runs with money but no way will that be me, plus he has delayed significently in looking for payment for work that was done over 2 yrs before she died.

I'm appalled at the solicitor to just leave me in lurch and then her colleague wanted payment for representation. I told them forget it I would stand up for myself. If any one ever asks you to be an executor run a mile.

hi all ,i havent been on in a whilke just to update you that my case goes on in aa week and the beneficaries are scott free, just me and the supposed creditor , its crazy ive got legal aid only met him once, now they want to adjourn at such late notice ,, dont see it happening ,my future really hangs in the balance ,scary how things go, will let you know the outcome and how it went, fingers crossed for me please ..

My sympathies booboo! I hope things work out for u!

have you an update? got a very good reason for asking.

How is the brother able to claim for payment? I know a notice could have been placed in the paper for any creditors to come forward, but I'm assuming he was well aware that his sister had died, so he can't claim he put forward his bill late because he wasn't aware that she had died?

hi all i havent been on in ages so busy and stressed, well the case is going ahead soon i kept fighting it and have now had the solicitor who dealt with it first day named as a third party as i feel they failed to protect me as i had told them a possible dispute was unfolding and they never advertised a section 49 notice and the estate was distributed in nine months way too fast and of course they deny any wrong doing , but as i insisted they send the claimant a copy of will it shows i informed them of a possible dispute , and they have no other reason to send him a copy so they are a bit snookered there. long and short of it hes a chancer who probably will get paid out , the solicitors took a chance too but it backfired, the solicitor who i was passed onto has gone to ground and failed to turn up at first hearing . hopefully the judge will be fair and see whos wrong ... novenas please.will keep you updated.

Best of luck booboo