James Browne (Wexford, Fianna Fail)
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117. To ask the Tánaiste and Minister for Justice and Equality his plans to amend the Succession Act 1965; his views on the entitlements of beneficiaries of wills here; the position regarding the duties of a will’s executors; and if he will make a statement on the matter. [49706/17]

Charles Flanagan (Laois, Fine Gael)
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I intend to introduce, as part of a forthcoming Civil Law (Miscellaneous Provisions) Bill, provisions which will amend section 120 of the Succession Act 1965, which deals with prevention of benefit from homicide.  My intention will be to ensure that persons convicted of murder, attempted murder or manslaughter will be precluded from taking any share in the property or other assets of their victim. While I am not in a position at this stage to announce when such legislation will be published, my intention is to proceed quickly with enactment of the legislation following its publication.

I should add that consideration is being given in my Department to the recommendations made by the Law Reform Commission in its Report on Section 117 of the Succession Act dealing with aspects of provision for children under the Act with a view to bringing forward any necessary legislative changes.

With respect to the duties of executors of will, the Succession Act, 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.  In general terms, the executor has the power to:

- deal with the estate (for example, to sell it to pay debts or distribute amongst beneficiaries)

- represent the deceased in legal actions and to settle legal actions against the deceased's estate.

In addition, an executor must:

- gather together and protect all the deceased's assets (money, shares, property, etc.) and find out their combined value

- call in any outstanding funds due (money owing to the deceased)

- pay any debts or taxes owed

- pay the funeral expenses

- make sure that the spouse and children know about their legal right share

- make sure the entitled beneficiaries or next of kin get what they are entitled to, and that ownership of property is passed on correctly.

In order to ensure that beneficiaries of a will receive their bequests in a timely fashion, Section 62 of the Succession Act 1965 provides that an executor is obliged to distribute the assets as soon as possible after the death.  The section also provides that where the administration of an estate has not been completed within a one year period, it is open to any person or beneficiary to apply to the High Court and for the High Court to summon the executor to explain the non-completion of the administration.  I should repeat the longstanding advice that, where a person has an issue as to the manner in which an executor is managing an estate,  legal advice should be taken.