Abusive and Idle Executor, What can be done?

SparkRite

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Hi, looking for some advice please.
I will just give a very broad outline of the situation so far and if anybody requires any more info, no
problem.

My wifes mother died approx two and a half years ago and left a will stating that the family house was
to be sold and the proceeds divided between her four children. She was a widow when she died and no
children living at home. Her only son and one of her daughters were named as executors. This daughter
has since moved overseas and as far as we know has no input/interest whatsoever in her duties as an
executor. However the brother who is a bully, of the highest order, is doing ABSOLUTLY nothing,
except refusing any offers made on the house so far and will not even discuss the matter with his
sisters.

When my MIL died the house was worth approx 650-700K but the brother, against all advice, put the
house on the market at a madly optimistic price of 775K. Needless to say there were no offers. Slowly
over time he reduced his asking price and eventually a few offers were made but ALL refused, without
consulting any of his siblings. Just last year an offer of 637K was made and again refused. Again no
consulting done. This info came from the EA, who also has had his belly full of the brother and said "He
is a very difficult man to deal with".

Coming closer to date and a new EA later (I wonder why ;)) the house is on offer at 500K. The brother is
doing ABSOLUTLY nothing with the property and as such it is falling into a mild state of disrepair.

The brother is not talking to his sisters here in Ireland (we are not sure of his relationship with the sister
overseas as relations are somewhat strained with her as well) and indeed anytime contact has been
made with him he is curt and abusive. Just to let you know what sort of guy we are dealing with, I will
give you one small example, (believe me there are many).
ie. The house insurance lapses on a continual basis (must be renewed by executor, as company will
not deal with anybody else) and thanks to my wifes sister, who remembers when it is due, sends him a
text to remind him to renew it. She duly got back a text "F*** off and get a life" Nice huh? Believe me
this is a very mild example.
The solicitor dealing with the will has let us know that he is sick of him as well and indeed has advised
us to instruct our own solicitor of the situation as he is caught "betwixt and between", which is understandable.

What I would like to know is that where do my wife and sisters stand and what could any solicitor do to
remedy this situation. Remember that this man is totally unreasonable and will NOT listen to anybody,
especially his sisters. I know its not easy to remove an executor but what else, if anything can be
done?

Thanking you in advance for any advice................
 
A solicitor can bring an action seeking the directions of the court. It will definitely result in the sale of the house. The problem is that it will cost north of €25k, perhaps substantially more. It is often the case that the court will order all costs ( i.e. of both warring sides) to be paid out of the estate. In essence, everybody loses. However, after two and a half years, this may be preferable to what is going on right now.

Your wife and the other beneficiaries should retain a solicitor. Through their solicitor they should insist on information being given in writing and in a timely way. They should insist on a definite plan being agreed for the sale of the property. They should insist on a reserve price being set and a timetable for the reserve price to be reviewed if no sale is agreed (perhaps every two months). They should make it clear that they will to go to law if the agreed timetable is not adhered to, if the brother refuses to agree a plan within a reasonable timeframe, if the brother refuses to accept their wishes in relation to review of reserve price etc.
 
Thank you Mob for taking the time to reply.

That is exactly the sort of advice I'm looking for.
 
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