Refuse to be Executor

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amc123

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Having been named as executor is it possible to decline. Coming to the realisation that resolving the estate will be an impossible task. There is no cash in the estate and there are potential liabilities and costs Only asset is a property that one beneficiary lives in. Other beneficiaries happy to refuse their bequest and allow the person in the property 100%. However there is a potential CAT liability of the deceased prior to death and also obviously the legal costs and probate costs etc and person living in property not willing to meet to discuss despite six meetings being arranged so far has failed to show up for any. Can the executor refuse to act knowing that no one else will act ? Thanks
 
I presume you can't be forced to be an executor just because someone named you as such on their will.
 
First to admit this isn't my area so treat me with caution (and gently!).

I would not begin to act as Executor, or be seen to act as if appointed - rather than accept and then later decline/resign, for fear you would not be allowed to decline/resign later. (You do seem to know more than a little about everyone's entitlements)
 
"Other beneficiaries happy to refuse their bequest "

What was their bequest ?
 
Yes unfortunately that is what happened. Solicitor sent copy of will to the person named as executor and out of a sense of that is what the parent wanted an attempt was made to try to make some headway with the situation but as the months have gone on reality is dawning that it is next to near impossible to resolve so now don't know what to do. Do not want to evict the person but equally do not have money to pay the tax bill if there is one (a debt was paid on behalf of the deceased prior to death by the person living in the house. To be fair that should be treated as a loan and they get their share increased by that but there is no paperwork whatsoever so fear is that it would be seen as a gift by revenue) or any of the legal costs involved. Person in property is totally refusing to engage in any way. There has been nothing done towards probate or anything else like that. The deceased's solicitor is well aware of the situation and doesn't want to be involved in any way.
 
amc123 said:
Solicitor sent copy of will to the person named as executor and out of a sense of that is what the parent wanted an attempt was made to try to make some headway with the situation but as the months have gone on reality is dawning that it is next to near impossible to resolve so now don't know what to do.
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This is one for our legal friends. An executor can renounce the office of executor but once he / she agrees to act he / she cannot renounce it without the leave of the High Count. Your friend has started the work of executor but has not yet applied for the grant of probate. I don't know if this would be taken as agreeing to act. He / she should look at paras 16 and 17 of part III Executors and Administrators of the Succession Act 1965 http://www.irishstatutebook.ie/eli/1965/act/27/enacted/en/print.html and then seek an opinion if it is possible at this stage to renounce probate.
 
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There is a lot of angles here. Beneficiaries refusing bequests and allowing one person to have all. Do they still have a tax liability as in reality they have receved an inheritance?
Does the person occupying the house have tax liability? Unless it is a parent child sitation more than likely yes.
Can this person refuse to continue to engage? Of course he can but the law will take its course and a lot of th estate will go on legal fees and taxation. He/she needs to be put in their place and forget about any rubbish about not wanting to evict. They are making a fool of you
If the deceaseds solicitor does not want to be involved then go elsewhere. The legal fees should come from the estate. This is another case of bad planning of a will leaving a situation where the executor is placed in a very difficult stressful position an not receiving cooperation from beneficiaries
 
I know it is difficult that is the fear. It is parent child situation so there should not be a tax liability on the inheritance however yes there could be sibling to sibling or what they had really wanted to do was give the sibling in the house a life interest in their share with the proviso that their share then comes back to their children at some stage. There is a lot of history and really would be happy to leave them there to their own devices but do not want to end up having that gesture cost money. There are no funds to pay any legal costs so it could be years before the house is sold if go down the legal route so who would take that on! I think at this stage it will mean the executor bearing the personal cost of some legal advice to see what can be done but it is annoying to have to incur cost when yes being made a fool of ! And yes very bad planning in relation to the will but as I said the parents solicitor was well aware of the difficult situation and just wanted shut of it. Thanks for all and any advice. There does not seem to be any straightforward way out of this one.
 
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