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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 2733
Experience:  Barrister 17 years experience
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Is the executer of a will entitled to remove property from

Customer Question

Is the executer of a will entitled to remove property from an estate before Probate is completed.
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Stuart J replied 3 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

-Could you explain your situation a little more?
Customer: replied 3 years ago.

The situation is,a neighbour died recently and bequeted various amounts to people who helped him over the years. None of these people are relatives and I include myself. My problem is while the solicitor responsible for the estate has notified us of our entitlement by post and informed us that it would take anything from 8 Months to a year to complete the probate. In the mean time the person who said he is the executor is removing van loads from the property. Is he entitled to do this.?

Expert:  Stuart J replied 3 years ago.
Is this NI or RoI?
Customer: replied 3 years ago.

RoI

Expert:  Stuart J replied 3 years ago.




I think the
situation in RoI is the same as UK whereby the executor is under a duty to act
in the best interest of the beneficiaries. There is no requirement to wait for
probate before dealing with any assets which do not require probate. I will
however transfer this to RoI law so that an expert in that area can comment.



Expert:  Stuart J replied 3 years ago.

It will move cats shortly. meanwhile please don't reply or it comes back to me. Thanks

Customer: replied 3 years ago.

Excellent Service

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