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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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If a solicitor is carrying out a will and has not informed

Customer Question

If a solicitor is carrying out a will and has not informed the executor,what does this entail, is he or she braking the law ?

Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. If the solicitor is named as an executor, then the solciitor can go ahead and seek to administer the will. HOwever, if the solicitor is not named as an executor, the solicitor cannot do anything without the assent and consent of the executor. The executor is the "Boss" so far as administering the estate is concerned and the solicitor should act on the instructions of the executor. If the solicitor is acting without the authority of the executor, then the executor can remove the will from the solicitor and take the business elsewhere to another solicitor. HOwever the executor should realise that the executor only has a period of one year, known as the "executor's year" within which to administer the estate. AFter this period, the executor can be replaced.