What is the procedure for replacing a non-performing executor? Who has standing to request the replacement? Must the succeeding executor be an Irish citizen? Can the replacement be a beneficiary of the estate?
In June I sent registered letters to the executrix and her solicitor. Delivery of both was confirmed, but nothing has been heard from the executrix. A second letter to the solicitor has not yet been answered.
1. Essentially, you have to issue an Originating Notice of Motion in the Circuit Court, grounded on an affidavit setting out the grounds which you assert for the removal of the executor(s). A letter before issuing proceedings should be written, calling upon the executor(s) to resign for the stated reasons you allege in your application. Anyone who is a beneficiary has the standing to request the removal of the executor as does anyone affected by the distribution of the estate. There is no requirement that the replacement executor should be an Irish citizen. Provided the person is of full capacity and is willing to act, then they may be appointed regardless of nationality and citizenship. A beneficiary of the estate can be a replacement executor.
Very helpful. A clear path, but sure to provoke an angry and defensive response from the executrix. I am still hoping to settle this with her cooperation. Am considering a trip to Dublin for a civil face-to-face confrontation with her.
Barrister 17 years experience
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