When a loved one dies, ensuring that their will is administered effectively is vital in helping everyone in the family to move on. The probate lawyers at Gibson & Associates LLP are here to help with this, getting the legal probate process completed quickly, efficiently and carefully, without any added stress for you.
Our grant of probate and grant of administration solicitors will ensure that everything runs smoothly, with any outstanding debts paid, taxes collected and assets distributed among the named beneficiaries with the minimum of delay.
We recognise that the probate process comes at an emotional time and can be extremely stressful, especially when dealing with a contentious probate case. This is why we will always strive to provide considered, personal advice and support, giving you the peace of mind you are seeking.
No matter where in Ireland you are based, Gibson & Associates LLP is here to help. Contact our probate solicitors about administering an estate by calling us now on +353 1 264 5555 or alternatively, complete our Online Enquiry and we’ll be delighted to help you.
Our Probate Services
The probate process is an essential step in validating the legality of a will, identifying an executor or administrator, and ensuring that the estate of the deceased is distributed correctly according to their wishes.
At Gibson & Associates LLP, our probate attorneys are experts in all aspects of Irish probate law, and can make sure that your case is dealt with in the best possible way. Here is how we do things:
- Meet to discuss your situation
We will meet with you to discuss the steps involved in administering an estate and review the will. If no will exists, we will need to discuss the relevant rights and obligations under the Succession Act
- Prepare the Inland Revenue Affidavit
Once the death certificate has been obtained, we’ll prepare the Inland Revenue Affidavit, which sets outs the deceased’s assets and liabilities and lists the beneficiaries
- Lodge papers with the Central Probate Office or District Probate Registry
When all of the documents have been signed, we will lodge them with either the Central Probate Office in Dublin or the local District Probate Registry, dealing with any queries to make sure the grant of probate is issued on time
- Organise the collection of assets
Once the grant has been issued, we will help you collect the assets of the estate – including any money held in bank accounts, pension payments, etc. – as well as obtaining title documents for any property that was owned by the deceased
- Distribution of assets and payment of liabilities
We will make sure the debts of the estate and any bequests under a will are paid. The beneficiaries will be announced and paid at this stage, and any land or buildings are transferred to the relevant beneficiaries
- Prepare the accounts and costs
Finally, we will prepare the estate accounts to show how the assets and liabilities of the deceased were handled
Our team will keep you informed at every stage, making it as simple as possible, even when dealing with a complex probate process. We understand how distressing these circumstances can be following the death of a loved one, and will provide compassionate legal support and advice.
Having worked with a wide variety of individuals and organisations from across Ireland, the EU and overseas, we have all the experience and expertise we need to handle your case with the professionalism and efficiency that you deserve.
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.