Probate & Administration of Estates
We have very extensive experience in providing legal advice and support to family members or others (known as ‘Executors’) entrusted to carry out the wishes of those who have passed on (known as the ‘Testator’).
What Is Probate?
Taking out Probate means applying to the Probate Office to certify that the Will is valid, and, that all legal, financial and tax matters are in order. The Grant of Probate is the legal document that permits the Executor to administer the deceased person’s estate. Where the person died without a Will, then the Executor needs a legal document called a Grant of Administration.
We will help and guide you through each step as Executor, when administering your loved one`s Estate, and will help you comply with your legal obligations in this important role.
What Is Involved?
- The first step is to locate and examine the Will, and identify who is the correct Executor appointed in the Will.
- Then we gather full details of the deceased`s persons property and affairs (known as their ‘Estate’) to examine how to give effect to the wishes as set out in their Will, or, to satisfy the legal Rules of Intestacy (these Rules are explained in our Wills Section).
- If it is necessary to obtain a Grant of Probate of Grant of Letters of Administration Intestate from the Probate Office of the High Court, we will make all the necessary enquires and prepare and file the legal documents necessary to obtain the Grant for you.
- We will also prepare and submit on your behalf the required Statement of Affairs to the Revenue Commissioners.
- We will engage with the relevant Government agencies, e.g. the Department of Social Protection, Income Tax Department of the Revenue Commissions, and the Nursing Home Support/Fair Deal Scheme, to obtain the necessary clearances required to complete the administration of the Estate.
- We will advise you and the intended beneficiaries of any Inheritance Tax (Capital Acquisition Tax / C.A.T.) liabilities that may arise, and the obligations to file Tax Returns with the Revenue Commissioners, and any payments, if required.
- Once the Grant of Probate/Letters of Administration Intestate has issued from the High Court, we then arrange for the Estate (property, monies etc) to be distributed and passed on to the intended beneficiaries in accordance with the deceased`s Will or Rules of Intestacy.
We appreciate that the work involved in administering an Estate can be quite daunting, and with our experience and dedication, we will make the process as easy and seamless as possible for you and the intended beneficiaries of the Estate.
Contact us here today to discuss your situation, and discuss how we can help you.
Disputes about Wills and Probate
There are times when certain family members, or partners, are unhappy with the terms of a Will (known in legal terms as ‘disappointed beneficiaries’) – perhaps they believe it does not reflect what was promised by the deceased person during their lifetime, or, they feel they have been treated unfairly compared to other beneficiaries of the Will. Perhaps they are the child of an unmarried couple, or, they were an unmarried partner of the deceased, and believe that proper provision has not been made for them financially, under the Will. Or perhaps you are unhappy with the way in which the Executor(s) are handling the administration of an Estate?
We are experienced in advising and representing such disappointed beneficiaries, in challenging a Will, and bringing what is known in legal terms as a ‘Section 117 Application’ through the courts. There are extremely strict timeframe deadlines for bringing cases like this, and if this is something you are considering, you should contact your Solicitor as a matter of urgency.
Sometimes these difficulties can turn in to serious disputes, and you may need to discuss the situation and get legal advice before deciding what to do next. We can advise you on your legal options and remedies and also discuss with you the possibility of using Mediation to help resolve such sensitive and difficult family and personal disputes.
Contact us here today to discuss your situation and discuss how we can help you.