A bereavement can bring with it unwanted legal, financial burdens and worries for surviving relatives. As Solicitors with expertise in the areas of Wills and the Administration of Estates we advise families, Executors or the next of Kin on what needs to be done during what is often a difficult and stressful time.
Unfortunately these legal issues are unavoidable. The process of sorting these matters out is commonly known as ‘Probate’ or the ‘Administration of Estates’.
If a person dies having made a valid Will then it is usually the Executor named in the Will who is responsible for ensuring that the wishes of the deceased are carried out. If a person dies without making a Will then it is the next of kin or family of the deceased who will be entitled to administer his or her estate in accordance with the law.
In general this involves:
- Preparing and lodging details of the assets and liabilities of the deceased’s estate with the revenue commissioners
- Applying for a Grant of Probate or a Grant of Administration which entitles the legal personal representatives to deal with the assets and the liabilities of the estate.
- Advising personal representatives and beneficiaries of tax obligations, exemptions, rights and responsiblities
- Ensuring that all necessary clearances, such as income tax, obligations to the HSE, and the Department of Social Welfare are obtained.
- Preparing final Administration accounts and dealing with the distribution of the estate.
Sometimes matters can be finalised with relative ease but more complicated estates often require certain formalities which cannot be avoided and this can take a little longer to complete. Our aim is to maintain the highest standards of professionalism ensuring that the executor or next of kin understands, is given appropriate advices and is kept fully informed during the administration of the estate until the Estate’s administration is completed .