Family Law

What does a probate solicitor do?

But the deceased person’s estate must be administered, and in Ireland, there are legal processes that must be adhered to during this time. To administer the estate, you must get a legal document called a Grant of Representation. Where a will has been written, someone will have been appointed as the executor of the will. The executor is tasked with ensuring the distribution of the estate in line with the will and with Irish law. The executor will need to obtain probate to do this job. 

Taking out probate means that the Probate Office or appropriate District Probate Registry has certified that the will is valid and that all legal, financial and tax matters are in order. Wills only take effect once the Probate Office has accepted the will as valid.

If you find yourself involved with the probate process, you will probably want to appoint a probate solicitor. Their job is to guide you through the whole system. At a time when you are grieving and having to make weighty decisions, having a trusted professional on hand to help is invaluable. Particularly if the estate is complex, it is advisable to appoint a probate solicitor. They will complete all the necessary forms and be able to guide you on the various aspects of inheritance, including:

– The law on succession

– Any taxes that must be paid by beneficiaries of the will

– Debts that must be paid from the estate

– Settling disputes and finding out what assets the deceased person had

It is possible to deal with the probate process without a probate solicitor. In this case, you must make a personal application to administer the estate. The Probate Office will help with the probate part of this administration, but it cannot give you legal advice, and you are responsible for completing all necessary forms and documentation. It can feel like a weighty responsibility and a lot of extra stress at an already stressful time. 

There are also some circumstances where a solicitor must be used. These include:

– The person entitled to get the Grant of Representation is a ward of the court or unsound mind

– The person entitled to get the Grant of Representation is under 18

– There are any doubts or issues with the validity of the will

– There are disputes regarding the estate amongst the next of kin

– The original will is lost

– A beneficiary of the will of more than €20,000 (apart from the spouse of the deceased) lives outside of Ireland and you also live outside of Ireland

– The deceased person lived outside of Ireland and nobody who lives in Ireland is entitled to get a Grant of Representation

– The deceased person lived outside Ireland and left a will in a foreign language

– There are other circumstances which, in the opinion of the Probate Office, need the assistance of a solicitor

A probate solicitor guides you through the probate and inheritance process with a calm and professional hand. Their expert knowledge ensures that nothing is missed, that the deceased’s wishes are followed, and that beneficiaries can receive their inheritance as smoothly and quickly as possible. If you are looking for a will and probate solicitor, look to Whelehan probate solicitors. Our friendly team can help ease your load after a bereavement, meaning important admin is one less thing for you to worry about. 

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