Wills, Probate & Trusts Services from Award-Winning Solicitors Dublin
Wills, Probate & Trusts Department
Our experienced lawyers handle all aspects of wills, probates, the administration of estates and probate litigation in all parts of Ireland. In particular, our solicitors have wide experience in the administration of cross border estates and in dealing with local and offshore trusts and international taxation issues.
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Applying for a Grant of Representation
When a person dies, somebody needs to act as the representative of their estate with a view to distributing their assets to the persons entitled to them. This process usually involves the Executor(s) named in the will applying for a Grant of Probate or where there is no will, a next of kin to the deceased applying for Letters of Administration.
All applications must be filed at the Probate Office, First Floor, 15/25 Phoenix Street North, Smithfield, Dublin 7.
Where there is a Valid Will
If there is a valid will, the Executor(s) of the Will can apply for a Grant of Probate. If however, the named Executor cannot or will not apply for a Grant of Probate, an application can be made by another person for Letters of Administration with the Will Annexed.
Where there is No Will
If the deceased person did not make a valid will, the High Court can issue a Grant of Letters of Administration usually to the next of kin such as a spouse or a child. Where there is no Will, the deceased’s assets are distributed according to the rules of intestacy which are set out below.
Rules of Intestacy:
If the deceased is survived by
- spouse/civil partner but no children – spouse/civil partner gets the entire estate
- spouse/civil partner and children – spouse/civil partner gets two-thirds of the estate, the remaining one-third of the estate is divided equally between children (if a child has already died his/her children take a share)
- parents, no spouse/civil partner and no children – estate divided equally to both parents or entirely to one parent if only one survives.
- Children and no spouse/civil partner – the estate is divided equally between deceased’s children (as above)
- brothers and sisters only – the estate is divided equally between the deceased’s siblings. The children of a pre-deceased sibling are entitled to receive that sibling’s share of the estate in equal shares
- nieces and nephews only – the estate is divided equally between those surviving the deceased
- other relatives – divided equally between nearest equal relationship
- no relatives – the state (Ireland)
Challenging a Will
Sometimes a will can be challenged. This usually happens when a dependent of the deceased has been left out of the will or has been left an insufficient inheritance. If you wish to challenge a will or defend a will that is being challenged you will require advice from a probate litigation lawyer.
Our solicitors represent clients in both straight forward probate applications and inheritance dispute litigation. Time limits apply in probate and litigation matters, so do not delay in seeking legal advice.
Contact us now to ensure you avoid the many potential pitfalls that may arise on the journey to the distribution of a deceased’s estate.
Cross-border and International Tax Issues
In this day and age cases frequently involve cross border and international taxation issues. It is also quite common to find that the affairs of a deceased family member have a connection to complex offshore trusts which can require particular expert advice.
Our experienced team has represented many clients in large and complicated estate with multi-jurisdictional legal and taxation issues.
Amorys Solicitors can also provide agency services for non-residents such as:
- Property and Share Valuations; and
- Searches for missing wills, forgotten assets and lost beneficiaries.
If you need advice in relation to any of the above please do not hesitate to contact us on +353 (0)1 213 5940
Lawyers Association Worldwide /L.A.W.
The managing partner of our firm, Sharon Scally is a founder member of Lawyers Association Worldwide (“L.A.W.”), an association which has grown from a very small informal grouping in 1989 to a professionally run organisation with more than 100 members in over 50 countries worldwide (www.lawywersworldwide.com). As a result of this network, our professional staff have developed broad expertise in dealing with clients including executors and beneficiaries, lawyers and tax advisers, from multiple jurisdictions including Cyprus, Jersey, Isle of Man, Turks and Caicos, Switzerland the United Kingdom and the United States.
We Are Accredited For Our Work
We adhere to the highest of professional standards expected by our clients and strive to provide a first class service at all times at a competitive cost.