Wills, Trusts & Probate Solicitors
Our experienced wills, trusts and probate solicitors can provide specialist advice and support to help you write a will, set-up a trust or protect your legacy.
Our nationwide team can support you wherever you are in Ireland to write a legally-sound will that ensures your estate is distributed according to your wishes. If you would like to set-up a trust, our experienced solicitors can provide you with step-by-step guidance and support to create a trust that looks after your loved ones in the future.
Our team also provides support in probate matters. The probate process can be both complex and emotionally challenging. We aim to ease this burden by helping you navigate the probate process smoothly and efficiently. Whether you need help with estate administration, resolving disputes, or managing assets and liabilities, our dedicated probate solicitors will work closely with you to ensure a seamless transition of assets. We are here to provide comprehensive, compassionate, and expert guidance every step of the way.
We understand that everyone’s circumstances are unique, and will take the time to get to know you so that we can provide expert, tailored advice that is right for your situation. To speak to a solicitor about any matter relating to wills, trusts and probate, please call us now on +353 1 264 5555 or complete our Online Enquiry for a call back.
Wills, Trusts and Probate Services
Our experienced solicitors know that dealing with a will, trust or probate can be a difficult and emotional task. We’re here to relieve the pressure and make the process much less stressful.
The team at Gibson & Associates LLP has assisted private individuals, trustees and beneficiaries, commercial entities, and chartered organisations with wills, trusts and probate in Ireland, within the EU and overseas .Our wealth of experience and in-depth knowledge allow us to handle even the most intricate estate planning scenarios, ensuring that your assets are managed in a manner that best serves your interests and those of your loved ones.
Whether you’re seeking guidance on a straightforward will or a multifaceted trust arrangement, our commitment to excellence and personalised service sets us apart as the trusted choice for all your wills, trusts, and probate needs.
Our team can provide advice and guidance on the following areas of wills, trusts and probate:
- • Probate
- • Writing a will
- • Contesting a will
- • Appointing a Lasting Power of Attorney
- • Planning for tax
- • Setting up trusts
- • Administering an estate
- • Protecting assets
Frequently Asked Questions
How does the probate process work?
When a person dies, a grant of probate must be issued to the chosen executor of their will to give them the legal right to carry out their final wishes.
When probate is granted, it means the will has been validated and all legal, financial and tax matters are in order, allowing the executor to proceed with distributing the assets and payments.
If the individual has died without a will – or without naming an executor who is willing to act – then an administrator is appointed using a grant of administration.
This is usually the person’s next of kin, but if there is any doubt, an administrator will be chosen by the Probate Registrar.
As the executor or administrator, your responsibilities include:
- Dealing with the estate and ensuring assets are distributed in accordance with the law and the terms of the will
- Representing the deceased in legal actions
- Calling in any outstanding money owed to the deceased
- Ensuring any debts or taxes owed, including funeral expenses, are paid for
What happens when a will is disputed?
During the probate process, a number of legal issues and challenges can arise, which will result in a contentious probate case. Potential causes of will disputes include:
- Concerns over the validity of the will
- Disagreement over the way the will is being distributed or administered
- Actions to remove the chosen executor or administrator
- Disputes between beneficiaries named in the will
- Claims made by or against the estate of the deceased
To find out more about how we can support you if this happens, please visit our dedicated page on contesting a will.
Complex Probate Client Case 1
One of our specialist Probate solicitors had been instructed by Executors in what should have been a straightforward Probate. The only asset of the Deceased was Shares that he held with a Company. Probate was lodged but was returned for the following reasons:
- The Deceased was partially Blind, and which was noted on the Will. The Probate Office returned the papers and requested Affidavits of the Attesting Witnesses.
- The Will had been made in England and I had contacted the Solicitors who created the Will.
- I received correspondence from a Firm of Solicitors from England advising that the original Firm of Solicitors was no longer in practice and some files had been transferred to their Firm.
- The Solicitors confirmed that the Deceased had attended a Charity Day held by the previous Firm of Solicitors and had made enquiries in their Firm to ascertain if anyone knew the original Witnesses.
- After making enquiries it was ascertained that one of the Witnesses had since passed and the other Witnesses cannot be located and may have passed as well.
The following actions had to be taken on this complex probate case:
- As the Witnesses cannot be located an Application to the Probate Judge in non-contentious probate matters which is governed by the provisions of Order 79 of the Superior Court Rules 1986 will have to be lodged.
- This procedure is by way of an Ex Parte Application and the lodging of Motion papers in respect of non-contentious Applications to the Probate Judge must comply with the provisions of Order 79 rules 87 and 88.
- The practice is that the Probate Judge has an opportunity to read the probate court papers in advance of the Hearing List and the Probate Judge will make the order that administration is granted. Administration for Probate was granted.
Complex Probate Client Case 1
On the face of the Will, this probate case seemed straightforward. The Deceased left all his assets to his nephew and his wife. They were the only two Beneficiaries. The Deceased appointed his Brother as Executor.
The Deceased had left his house and lands and the residuary of his Estate to the Beneficiaries. The Beneficiaries had been very close to the Deceased.
The Beneficiaries lived in a different County but relocated to the Deceased’s County to take up residence. They are both employed and their jobs were transferred to the Deceased’s County of residence.
The Beneficiaries had uprooted everything on the strength of the Deceased’s Will.
- The Deceased had an estranged son and the Executor had contacted the Deceased’s son.
- The Executor had made claim on part of the lands belonging to the Deceased on the basis that the Deceased had verbally agreed to transfer the lands to the Executor.
- The Deceased and the Executor had previously instructed Solicitors but the transfer did not proceed.
- The Deceased’s son also instructed Solicitors to lodge a Section 117 Application under the Succession Act 1965 by reason of the fact that he was not provided for in his late Father’s Will.
- Mediation between the Executor, the Deceased’s Son and the beneficiaries had been arranged but was not successful.
- Counsel’s Opinion had been sought and Counsels for the Deceased’s Son and the Beneficiaries had held talks in an effort to come to an agreement under the Section 117 Application.
- However, the talks were not successful for various reasons.
The Solicitors for the Deceased’s son has now lodged a Notice of Motion under Section 27(4) of the Succession Act 1965 with the Courts/
- We are currently waiting on a Court dated for the Hearing.