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An executor of my father will would like to resign after 18…

An executor of my father...
An executor of my father will would like to resign after 18 months acting as executor. He is afraid that he will be sued based on advising the beneficiaries to sing over a sum of money to my father cohabiting partner who was not financially dependent on him at the time. We have no intention of it, but he has cut all communciation with us and will resign. What we would like to know is through which court can he resign. He has instructed the solicitor for the case to apply to the high court and they in turn have employed a barrister and awaiting a date for the court case. My understanding, and it may be wrong is that he can be done through the circuit court. There is another executor who is performing the remaining duties herself at the moment. His resignation is voluntary and is entirely his own decision although we have no objection to the resignation. We all live overseas, all in different countries so it is difficult to coordinate anything collectively. We just want the whole stress and episode over so that my father can lay in peace.
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Answered in 3 hours by:
10/8/2012
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10,922
Experience: Barrister 17 years experience
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Buachaill :

1. YOu are correct in saying that the executor could have brought an application in the circuit Court to resign his position as executor. The High court will only involve more costs. However, if the application has been brought in the High Court, then that is where it will be dealt with. The High Court has full original jurisdiction in all matters and can hear any case brought before it. However, you, the beneficiaries should seek to get the executor to bear his own costs and not seek to obtain them from the estate, especially as he has brought the application to resign as executor in the High Court and not in the Circuit Court. Some evidence should be lead that it is through the executor's own default that this application has to be brought, thereby heading off his application for costs from the estate.


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Buachaill
Buachaill, Lawyer
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