Probate and Administration

Eamonn J. Walsh & Co Solicitors are available to provide you with expert advice and legal services in relation to all your Probate and Administration needs. We will guide you through the probate process in an efficient and effective manner.

You can start by telling us your query by calling us on 01 440 7390, Email us at info@ejwalshsolicitors.ie or we can call you back. After discussing your situation with you, we can advise how to proceed. We look forward to hearing from you.

Our Probate and Administration services include;

Probate and letters of administration (intestacy)
Making a Will
Contesting a Will
Enduring Power of Attorney
Wardship
Services for International Lawyers and Non-Residents

Probate

A grant of probate in Ireland (where there is a will), or letters of administration (where there is no will), is normally required before the estate of a deceased person can be distributed. The estate can consist of property, money or other possessions.

A grant of Probate or letters of administration authorises the executor of a will in Ireland or the administrator to deal with the assets and pay the estate’s debts before proceeding to distribute the assets under the will or under the rules of intestacy.
You should bring the following to your first meeting with your solicitor:

The Will, a copy or the whereabouts of same (we can make arrangements for its retrieval)
Death Certificate. This is available from the local Registry of Births, Marriages and Deaths. If the certificate is not immediately available we can source it later.
The deceased's papers as you can find which are relevant to property, financial or related matters. These include bank statements, title documents, insurance policies, bills etc.
Funeral account, hospitality bill etc.
The deceased’s PPS Number.
Names and addresses of the next of kin.
Any other information you deem relevant including online or virtual status

Beneficiaries

The persons entitled to inherit under the Will or Intestacy are known as beneficiaries and their details, including PPS numbers and previous inheritances, must be included in the probate papers. In addition, Capital Acquisitions Tax (inheritance tax) returns must also be made on behalf of each beneficiary who inherits a certain value of inheritance. In addition, the Executor or Administrator may be liable for such tax if the beneficiary defaults or is non-resident and thus the Executor or Administrator must ensure that the tax situation is reviewed fully.

Time Scales

In general, most Grants are obtained within a 9-12 month period from receipt of all relevant information. Once the Grant of Probate/Letters of Administration (intestacy) is issued from the Probate Office, it is sent to the various financial institutions and the assets of the Estate are collected. These assets are then distributed after all the debts and liabilities of the estate are discharged. In the event of any queries arising in relation to the Will or the Will being contested, the process can take longer. If the Probate office requires clarification of any issue in a Will, it may be necessary to trace witnesses and procure affidavits.
Generally an Executor/Administrator has 12 months from the date of death to deal with the Estate. After that the beneficiaries may be entitled to query delays and may apply to carry out the administration themselves if they feel that the existing Executor/Administrator is not performing adequately.

“Rules of Intestacy”

The rules of intestacy are included in the Succession Act 1965. They apply when a person dies without a valid will, or to a small invalid section of an otherwise valid will. The division of property is as follows (where it reads spouse, also read civil partner):

Spouse and Children/Civil Partner and Children
Grandchildren
Great-Grandchildren
Great-Great Grandchildren
Parents
Brothers and Sisters
Nieces and Nephews
Grandparents
Uncles and Aunts
Great-Grandparents
First Cousins/Great Uncles and Aunts / Great Nephews and Nieces
Great-great Grandparents

Making a Will

Eamonn J. Walsh & Co Solicitors are available to provide you with expert advice and legal services in relation to making your Will. You can start by making an appointment by calling us on 01 440 7390, Emailing us at info@ejwalshsolicitors.ie or we can call you back. After discussing your situation with you, we can advise how to proceed. We look forward to hearing from you.