Wills and Probate
Drafting a Will
Drafting a will provides legal certainty for your family and friends. It also provides a legal status after you have passed for your intentions for your assets and personal possessions.
For the most part, drafting a will can be straightforward. However it can be more complicated than you realise, especially from a tax point of view in light of the reduction in inheritance tax thresholds since 2009. It is important that you consult a solicitor and tax consultant who can take you through the process and ensure your will is tax efficient which will ultimately benefit your family and friends.
A will ensures that a deceased person’s estate is distributed in accordance with his/her wishes. After a person dies, a Grant of Probate must be extracted to allow an executor administer the deceased’s estate.
Grant of Probate
When a person dies leaving a will, a grant of probate needs to be extracted to enable the personal representatives known as the Executor / Executrix administer the deceased’s assets and possessions in accordance with the Will.
In order to obtain a grant of probate, certain documentation needs to be lodged in the Probate Office together with the relevant fees. This documentation can be quite intricate and they require careful drafting. The Probate Office is very particular with the applications they accept. More often than not, applications are rejected based on insufficient information or due to an error in the paperwork. Such refusals result in a delay in obtaining the grant and additional fees with each subsequent reapplication.
In order to avoid delay and additional expenses, you should instruct a specialist probate & wills solicitor at the outset. We will explain the process to you as simply and as clearly as possible.
Grant of Administration
When a person dies without leaving a will or intestate, their Estate will be bequeathed in accordance with the Succession Act, 1965. A grant of administration will generally be required to enable the personal representatives known as the Administrator / Administratrix accumulate the deceased’s assets and possessions in order to administer them accordingly.
In order to obtain a grant of administration, certain documentation needs to be lodged in the Probate Office together with the relevant fees. This documentation can be quite intricate and they require careful drafting. The Probate Office is very particular in terms of the applications they accept. More often than not, applications are rejected based on insufficient information or due to an error in the paperwork. Such refusals result in a delay in obtaining the grant and additional fees with each subsequent reapplication.
In order to avoid delay and additional expenses, you should instruct a specialist probate solicitor at the outset.
If you would like some advice in relation to a Grant of Probate / Administration, please contact Niall on 01 872 5255 or by email niall@lawlorpartners.ie
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