Probate arises on the death of a person. This can be a particularly sensitive time for the loved ones of the deceased. Our ethos is to compassionately guide the family and those close to the deceased through the entire process and our aim is to make the process as friendly, caring and unobtrusive as possible while ensuring the deceased’s estate is administered effectively and to the maximum advantage of the beneficiaries.
Our Probate Department is one of our oldest departments in the Firm and we have built up a huge expertise in this area due to our vast experience gathered from years of service.
Before an estate can be administered, a Grant of Representation must issue from the Probate Office. We deal with all types of estates, whether the deceased died testate (with a Will) or intestate (without a Will). We work closely with the Executor or Administrator throughout the process.
Our Probate service includes initially advising the Executor/Administrator as to the persons entitled under the Will or on Intestacy to a share in the estate of the deceased. We then work with the Executor/Administrator to gather the relevant information required to obtain the appropriate Grant of Representation in the circumstances to include full details of all assets and liabilities in the estate. We will advise you on the appropriate and best methods of valuing assets in the estate to include retention of the relevant experts including Auctioneers, Stock Brokers, Accountants and Financial Advisors.
We will also advise the Executor/Administrator in relation to all statutory notices that may have to be served relating to the estate, for example, advising the surviving spouse of their Right of Election under the Will.
We will prepare all the documentation that has to be filed in the Probate Office to ensure the Grant of Representation issues. We will prepare and file the Inland Revenue Affidavit (Schedule of Assets). We will liaise with Revenue, the Department of Social Welfare and the HSE to ensure there are no claims against the estate arising from the deceased’s tax affairs, welfare or pension contributions or the Fair Deal Scheme.
Once the grant has issued and the assets in the estate have been collected, we will take the necessary steps to ensure the estate is correctly administered including settling debts and liabilities of the estate, completing property registrations, share transfers, monetary transfers, delivery of personal property, payment of charitable donations and any other steps necessary to ensure the estate is fully administered and distributed to the beneficiaries in accordance with the deceased’s wishes and in accordance with law.
We will advise the Legal Personal Representative and any beneficiaries to the estate in relation to the potential tax liabilities arising from the inheritance received by them including any reliefs or exemptions which may apply in the circumstances. We can file the relevant inheritance tax return and claim all available reliefs, if applicable.
We can deal with any claims made by or against the estate.