You can accept, reserve, or renounce an executorship

It is an honour but have you the time to do the job?

An executor administers the estate of a deceased person and carries his or her wishes into effect. Being an executor takes time and energy, and requires a lot of attention to detail.

Dear Karen,

My sister died recently, and I have been contacted by her solicitor, advising that I have been named as executor of her will.

I am not a beneficiary, and I did not expect to be.

She has three grown children who do not get along and I suspect that this is why she appointed me.

What does this mean? What are my responsibilities? Can I say that I do not want to do it?

Should I have been asked in advance?

Dear Reader,

I wish to extend my sympathies to you on the passing of your sister.

An executor is the person, usually a trusted relative or friend, selected by the deceased when making his/her will, to administer his/her estate and carry his/her wishes into effect.

The executor’s powers and duties arise at the date of death of the deceased. The general rule is that an executor sufficiently discharges his/her duty where he/she takes all precautions which an ordinary prudent person would take in the circumstances.

The executor may not delegate his/her authority, but may need to employ others, such as solicitors, auctioneers, or accountants, to help them.

Some duties of an executor are to arrange for all of the deceased’s assets to be valued as at the date of death; protect and insure all assets for the benefit of the beneficiaries; ascertain all debts and liabilities; extract a grant of probate to the estate; gather the assets; obtain all relevant tax clearances; prepare administration accounts; and distribute the estate in accordance with the will.

Although recommended, it is not necessary for the executor to be asked in advance.

An executor has a choice to accept, reserve, or renounce the executorship.

Once an executor accepts his/her appointment, and the “grant of probate” issues (this is the formal legal process, which authorises someone to deal with a deceased person’s estate), the executor cannot then try to renounce without the consent of the High Court.

Indeed, an executor who has intermeddled in the deceased’s estate cannot renounce at a later point as he/she will be deemed to have accepted office.

In the event of an executor renouncing their right to act, they cannot come back in at a later stage.

Even small estates with few beneficiaries can become problematic, if just one person contests the will.

Some other complications that can arise are that some beneficiaries are difficult to locate; the deceased owned a business or had large debts; the will includes a trust; or the will is being challenged by someone who feels that they were unfairly left out of the will.

Being an executor takes time and energy, and requires a lot of attention to detail.

In fact, it is almost solely concerned with details.

Before you agree to be an executor, you should be certain that you have the time to do the job.

It is an honour to be selected as an executor.

It signifies that the testator trusts you to carry out his or her final wishes and to see to their legacy.

However, it is important that you accurately size up the task and your personal situation before committing to do it.

• Karen Walsh, from a farming background, is a solicitor practicing in Walsh & Partners, Solicitors, 17, South Mall, Cork (021-4270200), and author of ‘Farming and the Law’. Walsh & Partners also specialises in personal injury claims, conveyancing, probate and family law.
• Email: [e-mail] Web: www.walshandpartners.ie