Executor of will wants to resign

My dad recently passed away and I, and my 3 other siblings,are in a dilemma.

My Dad's will has named my oldest brother as the executor, but due to a stroke he had some years ago, he feels he cannot perform the required duties.

My 2 other siblings would prefer me to take on the role as administrator of the will, as they both live outside of the country and I am happy to do it.

Can someone point me in the right direction as to how we go about this please, and if there's any other recommendations / pointers you could suggest, then please do so as this situation is feeling quite daunting, under the circumstances.

My condolences on your loss.

Its possible and should not be difficult for you to be named the administrator of the estate. I cant give detailed legal advice on how to do this.

There is a lot of basic information on citizensinformation about what to do. I hope this helps.

http://www.citizensinformation.ie/e...estate/dealing_with_the_deceaseds_estate.html

"Can someone point me in the right direction as to how we go about this please, and if there's any other recommendations / pointers you could suggest, then please do so as this situation is feeling quite daunting, under the circumstances."

It really is not that daunting. Your brother can renounce and someone else can take out a Grant. Personally. Or instructing a solicitor.

I'm a solicitor and I will always recommend that someone , in your / your brother's circumstances, instructs a solicitor to act. I will often work with a family, one of whom is named as executor but needs a lot of help from family to deal with all the issues - including the non legal issues like clearing out a family home. They can still be the executor and for a lot of people this is what they want, to carry out their father's wishes.

There is a temptation to try and deal with Probate personally - because it is "so simple". Sometimes, it's just not and, if people are feeling overwhelmed, best to take proper advices.


mf

Your siblings not being resident in Ireland does add a bit of a wrinkle, but nothing that can't be dealt with.

Depending on the circumstances, doing probate personally is quite possible (I've posted quite a bit about it over the last 12 months) & mf has been very helpful here also. However, if you are feeling it's too much to take on - instruct a Solicitor.

You can apply for a grant of letters of administration with will annexed. The executor renunciation form (Form 18) can be downloaded from www.courts.ie. As an administrator, you will need to sign an Administration Bond for at least twice the value of the estate.

Regards

SM