I have been named executor of my uncle's estate: What do I need to do?

Farming legal advice - The duties expected of an executor

Examples of executor’s duties include arranging for all of the deceased’s assets to be valued at the date of death.

Dear Stephen, 

My uncle who owns a farm died recently and one of my cousins is due to inherit the majority of his estate. I was appointed executor of his estate as I work in finance and my uncle would have thought I would be suitable to act. It was mentioned to me when he was making a will in passing and I gave it little thought. I know very little about my uncle’s affairs and really only ever saw him at family occasions. He is my father’s brother but my father passed away a number of years ago. Do I have to act as an executor and what would my duties be and is there a situation where I can be removed?

Dear Reader, 

An executor is the person selected by the deceased when making their will to administer their estate and carry out their wishes as per the will.

Typically executor’s powers and duties begin at the date of death of the deceased. An executor sufficiently discharges their duty where they take all precautions that an ordinary prudent person would take in the circumstances. You can’t, as an executor, delegate your authority, but you can employ other professionals such as solicitors, auctioneers, or accountants to assist you in respect of the administration of the estate.

Examples of executor’s duties are:

• 1. Arrange for all of the deceased’s assets to be valued as at the date of death 
• 2. Protect and insure all assets for the benefit of the beneficiaries 
• 3. Ascertain what the debts and liabilities are in the estate, 
• 4. Extract a grant of probate to the estate 
• 5. Gather or establish what the assets are in the estate, 
• 6. Obtain all relevant tax clearances 
• 7. Prepare administration accounts and distribute the estate in accordance with the will.

Typically executors are asked in advance before been appointed and I note it was mentioned to you.

You as an executor have a choice to accept, reserve, or renounce the executorship. You have to renounce the executorship before the grant of probate issues and if you renounce after this, the consent of the High Court is required. The grant of probate is the formal legal process, which authorises someone to deal with a deceased person’s estate. After this, the executor cannot then try to renounce without the consent of the High Court. If you do renounce your right to act, you cannot come back and act at a later stage.

An executor can be removed by order of the Court if they fail to fulfill their role and duties, particularly in the case where there is a prolonged delay by an executor in administrating the estate. This is a common reason why a removal could be justified. The applicant who is looking to have the executor removed must show to the satisfaction of the Court that the executor was guilty of serious misconduct in the administration of the estate and/or that the serious special circumstances of the case required his or her removal and that it is necessary or expedient to remove and replace him or her. Examples of serious special circumstances include a conflict of interest, a pronounced delay by the executor in the administration of the estate or a failure by the personal representative to discharge a fundamental duty.

What's your view on this issue?

You can tell us here

Overall I would advise that you consult with the solicitor who holds your uncle’s will. Such a solicitor typically would assist the executor with the administration of the estate and should be able to guide as to what your duties are and you can make a decision as to whether you wish to accept.

Stephen Coppinger, is a solicitor practicing in Walsh & Partners, Solicitors and Commissioners for Oaths, 17, South Mall, Cork.

- Email: [e-mail] - Web: www.walshandpartners.ie 

While every care is taken to ensure accuracy of information contained in this article, solicitor Stephen Coppinger does not accept responsibility for errors or omissions howsoever arising, and you should seek legal advice in relation to your particular circumstances at the earliest possible time.