Ask a solicitor: My brother is not engaging after our father's death

Dear Jane 

My father passed away last year and left a Will appointing my brother and me as joint executors. I live in Ireland and have always been involved in my father’s life and in helping him as he got older. My brother moved abroad many years ago and had little to no contact with my father in the last decade.

Since my father’s death, I have been trying to progress the administration of the estate. The assets are straightforward, mainly the family home, some land, and savings. My brother, however, is living outside the EU and has been very slow to respond to correspondence. When he does engage, he raises objections, asks for repeated explanations, and refuses to sign papers without offering any practical alternative. It feels as though he is deliberately making matters more difficult.

Is there anything that can be done where one executor is abroad and not co-operating? I have heard of executors renouncing. What does this mean, and how is it different from disclaiming an inheritance?

Dear Reader 

This is a situation that arises regularly in Irish estates, particularly where siblings are appointed joint executors, and one is either disengaged or hostile.

An executor’s role is administrative. Executors are responsible for collecting the assets of the estate, paying debts and taxes, and distributing the estate in accordance with the Will. Where there are joint executors, they must act together. This means that a lack of co-operation from one executor can effectively stall the entire estate.

Where an executor is unwilling or unable to act, renunciation is often the most practical solution. Renunciation means that the executor formally steps aside from the role before taking any substantive action in the estate. This is done by signing a Deed of Renunciation, which is then lodged with the Probate Office. Once an executor has renounced, they cease to have any authority or involvement in administering the estate.

Renunciation is very different from disclaiming. Disclaiming relates to a beneficiary’s entitlement under a Will, not to the role of executor. A person may disclaim all or part of an inheritance, usually for tax or personal reasons, but still remain an executor if appointed as such. Conversely, an executor may renounce their role while still benefiting under the Will as a beneficiary.

In your case, if your brother has not yet intermeddled in the estate, meaning he has not taken steps such as dealing with assets or corresponding with institutions in an executor capacity, he may still be entitled to renounce. If he has already acted, renunciation may no longer be available, and the situation becomes more complex.

Where an executor refuses to renounce and continues to obstruct the administration of the estate, it is possible to apply to the High Court to have that executor removed or to allow the estate to proceed without them. However, court applications are costly and stressful and are generally a last resort.

From a practical perspective, where an executor lives abroad, has no meaningful connection to the deceased, and is not willing to engage constructively, renunciation is often the sensible course. It allows the remaining executor to progress the estate efficiently and in accordance with the deceased’s wishes.

Your solicitor can write formally to your brother explaining his obligations as an executor, the delays being caused, and inviting him to renounce. Often, once the implications and potential legal consequences are clearly set out, an unco-operative executor will agree to step aside.

Early legal advice is important in these situations to avoid unnecessary delay, family conflict, and escalation of costs within the estate.

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

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While every care is taken to ensure the accuracy of information contained in this article, solicitor Karen Walsh 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.