John Paul Phelan (Carlow-Kilkenny, Fine Gael)
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Question 411: To ask the Minister for Justice and Equality if he will review the current situation whereby an executor of a will becomes liable for the payments of maintenance costs, utility costs, insurance costs, the costs of obtaining a BER certificate for the house, the household charge and the second house charge; and if he will make a statement on the matter. [15719/12]

Alan Shatter (Dublin South, Fine Gael)
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The position is that the Succession Act 1965, as amended, contains specific provisions relating to the appointment of an executor or administrator of the estate of a deceased person and the duties and powers of the person so appointed. These duties include ongoing administration of assets pending distribution, while the powers include a power of sale of assets in certain circumstances. I appreciate that the role of personal representative is a demanding one and that particular difficulties arise at the present time in relation to the disposal of property assets. I would therefore draw attention to section 60(3) of the Act which confers additional powers on the personal representative, including powers to lease land and to raise money by way of mortgage or charge for the payment of expenses, debts and liabilities.