Probate & Administration of Estates
The death of a loved one is a difficult and often painful transition in life. Frequently there are many changes which follow and these may involve changes of a legal nature in relation to the assets of the loved one and how they must be dealt with.
It may be necessary to take steps to deal with his/her assets and property so as to give effect to his/her wishes as expressed in a will or to comply with the rules of law which apply when someone dies without having made a will. When a person passes away his/her assets and property are referred to as his/her estate.
Fidelma Barry solicitor offers considered and sensitive advice to ensure that a deceased’s person estate is dealt with efficiently and in accordance with all relevant legislation. She has many years of experience in dealing with estate administration and the various issues which may arise.
Fidelma Barry solicitor can help you with the following:
- Testate estates – where the deceased has died leaving a valid will
- Intestate estates – where the deceased has died without a valid will
- Advices for Executors (testate estates) and Administrators (intestate estates) – these are the persons legally obliged to deal with a deceased’s estat. The role of executor/administrator is an important one which carries with it legal rights and responsibilities to the beneficiaries, the Revenue and to the courts. She will furnish comprehensive advice and step by step guidance through all stages of the probate/administration process
- Advices on the rights of the various persons who may have an entitlement to benefit from a deceased person’s estate – these may include the surviving spouse, surviving civil partner or co-habitants, their children, siblings, nieces and nephews or other relative / next of kin
- Advices on the possibility of challenging a Will and the steps to be taken in order to do so within the legal time frames which may apply
- Independent legal advice for the beneficiaries of an estate as to their entitlements
- Jointly held assets and the legal position following the death of a co-owner
- Inheritance (Capital Acquisitions) Tax and relevant time periods, rates and thresholds which apply
- How to secure release of funds from financial institutions in low value cases
- Applications to the Probate Office for the appropriate Grant Probate (testate estate) and Grant of Administration (intestate estates)
- Advices for overseas clients on the steps to be taken to deal with Irish assets in the estate of a person who has died outside Ireland
- Disclaimers – when a beneficiary in an estate wishes to disclaim their inheritance and the impact which this will have on distribution of the estate
- Family Arrangements where the family wish between them to vary some of the arrangements in a will or in the operation of the rules of law applicable in the administration of intestate estates. It is important to have comprehensive legal advice in this area so that all legal and taxation matters can be dealt with successfully and she can help in identifying the best method of successfully implementing these family arrangement
- Taxation advices. There are significant taxation issues in an estate including inheritance tax for the beneficiaries, income tax on the deceased income and potential Capital Gains tax on sales of estate property. Fidelma Barry solicitor and her team has the skill and expertise built up over many years of dealing with these issues.
- Executor/Administrator sales of property
- Insolvent estates where the assets are insufficient to cover the liabilities. We can help identify the priorities and legal rules applicable to the administration of such estates
Frequently Asked Questions
When is probate needed?
Probate only happens when someone dies but it is not needed following every death. For example, probate is not required if the estate is of little value, or the deceased owned all their assets jointly and the joint owner is still alive. If probate is needed, the deceased's assets are frozen until a grant of probate is issued. This means beneficiaries cannot receive their inheritance until the proper legal processes have been fulfilled.