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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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Can a person whose rights as an Executor been reserved become

Customer Question

Can a person whose rights as an Executor been reserved become an acting executor after the grant of probate has been issued.The reason being that the acting executor is not distributing the estate properly.
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.
1. Such a person who has "reserved" their function as an executor has to apply to court to either replace the existing executor or to be added as executor. This application is by way of Originating Notice of Motion on notice to the existing executor. Grounds, such as the lack of diligence of the existing executor have to be set out in a grounding affidavit. It is not possible for the person seeking appointment to simply seek to act as executor. This is because a Grant of Probate is personal to the applicant and cannot be extended to another person without the sanction of the court.
Customer: replied 2 years ago.
If the second Executor doesn't want to 'avail of his right' is there any way that he can force the acting Executor to 'finish the job' he took on?
Expert:  Buachaill replied 2 years ago.
2. The best "finish the job" coercion is to put down a Motion to replace the existing executor. It is startling how many quickly complete matters when this happens. You can simply get a solicitor to formally write to the existing executor stating that a Motion for removal will be brought if probate is not completed within 30 days. Then, depending on progress, you can follow through with the Motion for removal or not.