The Executor Named in the Will Is Doing Nothing: What Next?

An Executor is the person named in the will of a deceased person, who is expected to carry out the wishes of the deceased after their death. Their responsibilities include dealing with the assets of the estate and distributing them according to the wishes expressed in the will.

Very often, probate – the legal process of validating a person’s will – will be needed if there is any real estate involved or financial assets in excess of a certain value.

It can be challenging if you are an interested party and the executor is not doing anything with the estate. In this case, and assuming they are not communicating with you, either directly or through the estate solicitors, you should consider retaining legal representation to take legal steps on your behalf to ensure that the administration of the estate progresses.

Very often a letter from a solicitor can help. This letter can be written to the executor reminding them of their duty to deal with the administration of the estate. And it can have the desired effect of prompting them into action.

However, in some cases an application may have to be made to the court to either remove the executor or to revoke the grant of probate (if one has already been granted and the executor is not finishing the job).

Matters to Consider Before Taking Action

Executor’s Year
No legal proceedings can be taken against the executor until 12 months after the date of death. This is known as the ‘Executor’s Year’.

Who Can Take Action?
Only an interested party can take action to remove an executor. An interested party is a beneficiary of the estate, a creditor, or a co-executor (if there is more than one executor named).

Multiple Executors
Not all executors have to act. If there is more than one executor appointed, and the executor who is doing nothing has not even started dealing with the estate, the other executor or executors can administer the estate without the executor who is doing nothing. The inactive executor should be invited to reserve or renounce their position before the other executor steps in.

Executor Unable to Act
If an executor is unable to act due to disability, then there is a procedure to have that executor removed and an alternative appointed.

Legal Advice
If you end up having to take legal advice to assist with this issue, your solicitor will explore all options with you. Legal action is usually taken as a last resort – and only if the matter cannot be resolved in any other way.

In Summary

If the executor is not fulfilling their role, and you are a beneficiary of the estate or an interested party, there are various steps you can take to get help to address the issue. Seek help from a solicitor and they will assist you through the various steps as outlined above.

Ciara O’Callaghan is a solicitor and member of the Law Society’s Probate Committee.

Disclaimer

Please note that this article is for general information purposes only and does not purport to be legal advice. While every care has been taken in its production, no legal responsibility or liability is accepted, warranted, or implied by the author, publishers, or the Law Society of Ireland in respect of any errors, omissions, or misstatement. Readers are advised to seek independent professional legal advice before acting on anything in this article.