We offer a probate service…..
When a person dies leaving a will, it is often essential to make an application to the Probate Office for a Grant of Probate. If a person dies without leaving a will, then the application to the Probate Office is for a Grant of Administration.
We can handle Grants of Probate and Grants of Administration on your behalf but it is often possible to make a personal application to the Probate Office for a Grant of Probate or a Grant of Administration and we are happy to advise clients on the steps necessary to be taken if they wish to take this course.
If there is a Will then the person who takes out the Grant of Probate is the executor. Once a Grant of Probate has been obtained then the executor is allowed to distribute the estate.
If a will has not been made then an administrator must be appointed. An administrator is also appointed if a will is made but no executor is named or if an executor has died before the testator has died or if the executor is not willing or is unable to act.
Any next of kin can apply for a Grant of Administration but priority is given to the following:-
• Brother or sister, or
• More remote relative
Duties of an Executor/Administrator:
The executor/administrator has power to deal with the estate by distributing assets, paying debts etc. and can represent the deceased in legal actions.
The executor/administrator must gather in all assets, pay all relevant taxes and debts and funeral expenses and make sure that all relevant personnel know about their entitlements including the legal right share of a spouse or a civil partner. The assets must then be distributed.
A serious problem often arises during the administration of an estate where it is discovered that substantial taxes may be due. This generally happens where a person has been in receipt of social welfare benefits and when an Inland Revenue Affidavit has been completed and sent in to the Revenue authorities, it is determined that the deceased was not entitled to such social welfare benefits. Generally they have to be repaid but we can assist in relation to the relevant negotiation process.
We provide an expert, personal service in the following areas of law:
Accident Claims & Personal Injury Litigation*, Conveyancing, Debt Collection, Wills & Probate and Family Law.
* In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any settlement.