Probate Solicitors – Naas & Dublin

Probate Solicitors & Executioner of Will in Ireland

Most people prefer not to dwell on their own death—but it’s essential that you consider this, and draw up a will to ensure that your loved ones and interests are accounted for. Many choose to do so with the help of probate solicitors. Probate solicitors such as Hanahoe & Hanahoe possess the expertise and experience to assist you in drafting the appropriate wills to ensure your wishes are adhered to. We can also assist your loved ones in extracting the Grant of Probate. Regardless of whether you are experiencing a bereavement or simply wishing to get your affairs in order, speaking to expert probate solicitors like Hanahoe & Hanahoe should be your first port of call.

What is the probate of a will?

Probate is the legal process of “proving” that a will is valid. It is often required to ensure that the deceased’s estate is distributed according to their wishes, as outlined in their will. Taking out a Grant of Probate is required for all estates worth over €25,000, or for estates including a house, land, or shareholdings. If there are no assets, or the deceased’s estate is held jointly as joint tenants, this can be managed under the Small Estates Procedure rather than probate.

The will also nominates the executor. The executor is the person(s) appointed to access and release the estate to the beneficiaries (the inheritors). Probate involves the executor applying for a Grant of Representation, which gives them the authority to unfreeze and gather the deceased’s assets, pay any debts and funeral expenses, and distribute the assets to the beneficiaries. Probate is a process intended to protect the interests of the beneficiaries and the wishes of the deceased.

Who is the executor of a will?

In Ireland, probate law requires that the executor be responsible for the affairs and obligations associated with the deceased and their estate. This ensures that their interests are safeguarded and in line with legal requirements.

If you’ve drawn up a will, the person you notify about this is often the executor. Once the most recent copy of the will is located, the executor(s) named must be contacted and asked if they are willing and able to act. If they are unable to undertake the estate administration process, they must renounce their role as executor with an administrator assigned in their place. Executors and administrators are both referred to as “personal representatives”.

What is the executor of a will’s duties?

As the executor or administrator of a will, you have a duty to:

1. Deal with the estate within a year, seeing that the deceased’s assets are distributed in alignment with probate law and the will.
2. Represent the deceased in any legal proceedings.
3. Call on any outstanding funds owed to the deceased.
4. Ensure that debts, taxes and funeral expenses are accounted for.

Probate law in Ireland

Applications for probate in Ireland are made to the Probate Office or District Probate Registry. There are fourteen District Probate Registries located outside of Dublin; you can find your closest office on courts.ie.

The importance of probate solicitors

An experienced probate solicitor like Hanahoe & Hanahoe can ensure that the Grant of Probate/Grant of Administration is extracted promptly, and the assets are distributed to the beneficiaries without delay. Our probate solicitors will explain the wills and probate process to you fully, notifying and dealing with beneficiaries as we tend to all the matters of the estate.

Here is what our probate solicitors can do for you:

1. On taking instruction, one of our probate solicitors will provide you with an easy-to-use checklist of all the information we require to take out the Grant of Representation. This is to ensure matters are expedited as efficiently as possible.
2. On receipt of this information, we draft up the necessary documentation and submit your application to the Probate Office. It is essential that this is completed by an experienced probate solicitor, as the Probate Office is quick to query incorrectly submitted applications. This can lead to significant delays as you’re placed in the queue once again.
3. Once your application has been submitted, we will give you an estimated timeline for the issuing of the grant. This may vary depending on current backlogs in the Probate Office, but is generally around six weeks.
4. Once the grant is issued, we will gather up all the assets of the estate. This will include corresponding with the necessary banks, financial institutions and insurance companies, preparing the necessary contracts for the sale of any properties or shareholdings, realising a life cover policy and taking up all other assets of the estate including shares.
5. We will then prepare a detailed Estate Account – setting out all the assets, liabilities and distributions for the executor’s approval.
6. Once the Estate Account has been approved, we will distribute the estate to the beneficiaries.

Why choose Hanahoe & Hanahoe solicitors?

At Hanahoe & Hanahoe, our probate team has vast experience in providing legal advice on all areas of estate planning,succession law, wills, and probate administration.

1. We have over 40 years of experience dealing with wills, probate law and the administration of estates.
2. We are an award-winning law firm (Leinster Law Firm of the Year for 2017 & 2018 at the Irish Law Awards).
3. We have offices in Dublin, Naas, Portlaoise andMaynooth, and offer a national service in all probate matters.
4. You can be assured that your case will be handled by a specialised and experienced probate solicitor.
5. We will ensure that the Grant of Representation is extracted efficiently, with as little inconvenience to the executors as possible.
6. You will always be kept up to date on all matters.
7. You will receive unambiguous legal advice free of jargon.
8. We are competitively priced for the service we provide.

Probate solicitors’ fees

When instructing a probate solicitor, it’s important to ensure that you are fully aware of their fees and that there are no hidden costs. Since the executor/administrator and beneficiaries are collectively expected to fund probate solicitors’ fees, it is important that you get a clear quote for this. It will allow everyone to budget without worry for future costs, in an already stressful bereavement period.

At Hanahoe & Hanahoe solicitors, we pride ourselves on being fully transparent in relation to our fees. After a consultation with our probate solicitors, we will be able to provide you with a detailed cost breakdown. In non-complex probate matters we can even provide you with a fixed fee. The expenses associated with your case will completely depend on the complexities that come with it, so it’s best to get in touch with a probate solicitor to further discuss this.

Types of grants issued by the Probate Office

Probate gives authority to the executor to deal with and pass on the deceased assets through a document known as the Grant of Representation. There are three types of Grants, and a deceased estate cannot be handled legally without a Grant of Representation. This gives the executor the authority to access bank accounts, transfer ownership, and sell assets like property, land or shareholdings.

Grant of Probate

When there is a will, and the executor is named, able and willing to act—the executor needs to apply for a Grant of Probate in order to carry out the terms of the will, as specified by the deceased.

If more than one executor exists, both can apply for probate together. If they are unable to do so, other executors named must proceed with probate.

Grant of Administration

When there is no will, you need to apply for a Grant of Administration from the Irish Probate Office. The entitled applicant (known as the administrator) should be determined by the Rules of Intestacy, which determines who inherits what shares. This is generally the deceased’s next of kin; the deceased’s nearest blood relative at the date of death.

Grant of Administration with will annexed

When there’s a will but no executor, or the executor cannot act, you have to apply for a Grant of Administration with will annexed. This application is suitable if:

• The executor appointed has renounced their authority to deal with the estate.
• The will does not name an executor.
• The executor has refused to apply for a Grant of Probate.
• The appointed executor(s) die before the deceased, or before they can apply for probate.
• The executor lives abroad and is unable to travel in order to apply.
• The executor is a minor, of unsound mind, is disabled or does not possess the capacity to administer the estate.

In these situations, the individual entitled to assets leftover once all other beneficiaries have been given their inheritance can apply for the grant and administer the deceased’s estate. If this person dies before the deceased or is not named in the will, Irish probate law states that the next of kin is entitled to this position.