Alteration of the terms of a will after a death

Natrium

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8 Months After my Mother died the executors of her will inserted a clause that, in order for her property to be sold, that ALL (5) beneficiaries would have to be in agreement with the price, before a sale of her property could take place.
( This was not a condition laid down by my mother, she simply instructed that her home be sold and that the balance after all lawful deductions should be distributed equally among her 5 children)
Now 4 years after refusing a sale because one beneficiary did not agree, the house is still not sold, and is now only worth one third of the original offer.
Is it lawful for an executor to unilaterally insert a clause like the one mentioned above
 
You make it sound as if they wrote a new clause into the will!

I suspect that what you mean is that the executors took a decision to seek the agreement of all the beneficiaries to the sale. They did not get it and they decided not to go with that sale.

An outsider might ask the question - what is this really about? You will generally find that there is much more to it than meets the eye - could be a rubbish executor or a malevolent beneficiary.

For what it's worth, the country is full of beneficiaries who disdainfully swatted away offers 2/3 years ago who now wish they had taken them!

mf
 
Thanks mf,
Actually It was the executor who wrote the extra clause into the will, who also objected to the sale, he thought that the house should have been left to himself, as the elder sibling.
It really doesn't matter much now, but I just wanted to know what is the point of making a will with a solicitor, if an executor can insert a new clause to suit his own objections.
 
Thanks mf,
Actually It was the executor who wrote the extra clause into the will, who also objected to the sale, he thought that the house should have been left to himself, as the elder sibling.
It really doesn't matter much now, but I just wanted to know what is the point of making a will with a solicitor, if an executor can insert a new clause to suit his own objections.

AFAIK, the executor cannot amend the terms of the will but the executor has to act in the best interests of the estate and carry out the deceased person's wishes. This gives the executor quite a bit of power and quite a bit of say so. May be happy to let house drop in value and buy you all out for less money! Not sure how you can challenge this but there will be someone along here with much more legal knowledge.
 
An executor cannot insert any clause into a will. If the executory is a beneficiary he cannot even witness the will. No such clause entered after or before debt would be valid.
 
Is this a serious query.? I doubt if there is anyone around who thinks a will can be legally altered after testators deoth

If in fact the will was altered, matter for Gardai
 
Actually It was the executor who wrote the extra clause into the will,.

The executor cannot have done this. What makes you think that there is such a clause in the will?

You have rights and you may need to hire a solicitor to ensure that the executor is carrying out his resposibilities correctly.
 
Executors are obliged to carry out their responsibilities regardless of whether or not the beneficiaries agree.

Unless there are some unusual circumstances, they are obliged to sell the property and distribute the proceeds within 12 months. Unusual circumstances do not include not selling because some of the beneficiaries dont like the price the property achieves on open market. An executor can be sued for failure to carry out his/her duties.
 
Executors are obliged to carry out their responsibilities regardless of whether or not the beneficiaries agree.

Unless there are some unusual circumstances, they are obliged to sell the property and distribute the proceeds within 12 months. Unusual circumstances do not include not selling because some of the beneficiaries dont like the price the property achieves on open market. An executor can be sued for failure to carry out his/her duties.
There isn't a specific obligation to wind up an estate within 12 months. This is what the law says:
62.—(1) The personal representatives of a deceased person shall distribute his estate as soon after his death as is reasonably practicable having regard to the nature of the estate, the manner in which it is required to be distributed and all other relevant circumstances, but proceedings against the personal representatives in respect of their failure to distribute shall not, without leave of the court, be brought before the expiration of one year from the date of the death of the deceased.
The executor has a minimum of 12 months time allowance, not a maximum. That said, more than 4 years does seem excessive.
 
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