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Can 1 or 2 family members get more from sale of a family home?

Can one or two family members get more for the sale of a family home. Can they put words in the elderly parents’ mouths? Has the Will executor any say in same?

Can one or two family members get more for the sale of a family home.   Can they put words in the elderly parents’ mouths?      Has the Will executor any say in same?

To answer the second part of this Listener’s question first  about the executor -    the executor’s function is to carry out the wishes of the person who made the Will after death. He or she has no say at all because the Will is the wishes of the deceased and it must be administered by the Executor in accordance with the Law.   I should say that an Executor is also entitled to be a beneficiary in the estate but no beneficiary can witness the Will.    In the event of any family member wanting to dispute the Will they will have to sue the executor.  

Regarding the main part of this question, any child of any age can ask a parent for more during their lifetime but they cannot use undue influence.   In other words they cannot browbeat or force the parent into changing their Will.   This is where a lot  of disputes arise where a Will is changed at the last minute particularly in a Nursing Home without the benefit of a Solicitor.   This makes it highly suspect particularly if family members were left out and we are back to the question of Section 117 of the Succession Act 1965 with which we have dealt on several occasions on this programme and I have posted a detailed reply about this section concerning childrens’ entitlement to a parent’s estate on this website – here are the links:

http://www.radiosolicitor.ie/live/newstalk/375.html

and

http://www.radiosolicitor.ie/live/newstalk/367.html

 

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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