will terms not carried out

M

mumof4

Guest
hello

I am posting re a friends inheritance - my friend and 2 siblings mother died almost 2 years ago - the family home was left to 1 sibling and the other 2 were to be given €10,000 each by the sibling who inherited the house - this was all written on a 1 page document and witnessed and signed in a solicitors office - the sibling who was willed the house was also made the executor - to date the terms of the will have not been fufilled - my friend and the other sibling have not received the money but the sibling who inhertied the house has now put the house up for sale - on the pretence that the money is needed to pay off the other 2 - my question - is this legal? -
1. does he have the right to sell the house without the consent of the other 2 siblings as he has not fufilled the terms of the will ?
2. can the solicitor legally have changed the deeds into his name without first checking of terms of will has been fufilled ?-
3. if deeds have not been signed over can the house be sold without all parties agreeing - ?

thanking you in advance
 
... - the sibling who was willed the house was also made the executor - ...
This is a key piece of information.
... the sibling who inhertied the house has now put the house up for sale - on the pretence that the money is needed to pay off the other 2 - my question - is this legal? -
Yes as executor s/he has this right / responsibility in order to fulfil all the wishes expressed in the will. The consent of the other 2 siblings is not required; they do not need to be consulted.

If they feel the executor is acting illegally they can consult their own solicitor.
 
hello

I am posting re a friends inheritance - my friend and 2 siblings mother died almost 2 years ago - the family home was left to 1 sibling and the other 2 were to be given €10,000 each by the sibling who inherited the house - this was all written on a 1 page document and witnessed and signed in a solicitors office - the sibling who was willed the house was also made the executor - to date the terms of the will have not been fufilled - my friend and the other sibling have not received the money but the sibling who inhertied the house has now put the house up for sale - on the pretence that the money is needed to pay off the other 2 - my question - is this legal? -
1. does he have the right to sell the house without the consent of the other 2 siblings as he has not fufilled the terms of the will ?
2. can the solicitor legally have changed the deeds into his name without first checking of terms of will has been fufilled ?-
3. if deeds have not been signed over can the house be sold without all parties agreeing - ?

thanking you in advance
Absolutely legal , the Executor is empowered to collect the assets,pay all debts and discharge the legacies of €10,000 to his siblings.
It would appear that it may not be a pretence in putting the house up for sale , perhaps it's the only way of discharging the legacies ?
 
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