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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10115
Experience:  Barrister 17 years experience
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My mother died two years ago. My older sister & brother were

Customer Question

My mother died two years ago. My older sister & brother were appointed as executors. My mother's house was placed on the open market and my brother (the executor) made a reasonable bid which was accepted by my sister (the other executor). We were told that contracts had been issued to my brothers solicitor on April 8th. I phoned the solicitor acting for my mother's estate (I don't speak to my sister, the executor) yesterday and he told me he is at a loss to know why my brother has not signed co tracts by now. I don't want any delays on this. Is there anything I can do? Thanks.
Submitted: 6 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 6 months ago.
1. Normally, an executor would resign their position when they are purchasing an asset of the estate of which they are executor. This is because there is a clear conflict of interest between their duty to the estate (which is to ensure matters are dealt with expeditiously) and their personal benefit. Accordingly, the only way to get matters to proceed quickly here is to ask your brother to resign his position as executor because of his conflict of interest and get yourself appointed an executor. Otherwise, there will be no pressure put on your brother to exchange contracts for the purchase of the house. This matter could drag out as long as your brother wants to take, otherwise.
Expert:  Buachaill replied 6 months ago.
2. Accordingly, you should seek to ensure that your brother resigns his position as executor because of the conflict of interest. Then, the onus is on the other executor to ensure the sale completes quickly. The solicitor at the moment will feel at a loss because in effect, your brother is his client as executor and he won't want to risk alienating him by putting pressure on him to hurry up and complete the purchase. However, once your brother is no longer executor, there is no impediment to him putting pressure on your brother to complete the sale.
Expert:  Buachaill replied 6 months ago.
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