Intestacy: Where a person passes away without having a valid Will place, their estate is distributed in accordance with the of the Succession Act 1965. The Act outlines the order of priority for distributing assets among surviving family members. This can create complexities and potential disputes. To avoid this issue, it is highly recommended that you create a valid Will. Speak with us in confidence and learn more about your options.
The Grant of Probate is a legal document issued by the High Court that verifies the authenticity of a deceased person's Will. This document confirms the appointment of the executors named in the Will as the legal personal representatives authorised to collect the deceased's assets and distribute them to the beneficiaries listed in the Will. It is important to note that a Grant of Probate is a requirement for the sale or transfer of any property, and many financial institutions or insurance companies will not release funds without one.
Certainly, in Irish law, it is essential to have a Will if your estate comprises solely of your house. This is because a property estate can only be managed through a Grant of Probate or Letters of Administration Intestate, which requires a legal personal representative to oversee the administration of your estate. If you do not create a Will, your property will be managed according to the Rules of Intestacy, which could lead to several people becoming co-owners and disagreements about who should administer your estate. By creating a Will, you can explicitly appoint an executor and specify the individuals who will benefit from your estate.
If you have a child with special needs, it is important to consider their entitlements to State benefits and their capacity to become a homeowner. Simply leaving a house to your child may have unintended consequences, such as impacting their entitlements and their ability to manage the property. Instead, a more suitable option may be to establish a Trust for your child. To fully explore your concerns and options, we invite you to contact our office for further discussion.
If you have been named as the executor in your mother's Will, it is advisable to consult a solicitor to understand your duties and responsibilities to both the estate and the named beneficiaries. As executor, you will be authorised to apply for a Grant of Probate, which is necessary to distribute the estate. We understand that this may be a challenging time for you and that there may be many considerations to keep in mind. We are available to offer support and guidance throughout the process. Please don't hesitate to reach out to us for assistance.
Indeed, it is possible that you are the only beneficiary of the Will. However, until the Will is validated through a Grant of Probate, you cannot legally be registered as the property owner. This situation may cause difficulties if you intend to re-mortgage or sell the property in the future. We recommend taking prompt action to address these matters. It is always advisable to handle legal matters as soon as possible to avoid any potential issues that may arise later on.
"Ferrys dealt my fathers will and were brilliant. They communicated with us throughout the process and kept us informed. I highly recommend their services."
"Deborah looked after our family at a time when we needed assistance. She was excellent and I am very thankful."
"Ferrys were excellent at handling our mothers will and the sale of the house at a time when we relied on their guidance. Thank you."
"Orla kept in close and regular contact with us as our purchase progressed and we felt very reassured having her as our solicitor. We would not hesitate to recommend Orla to anyone looking for a solicitor who is efficient, genuine, and personable."
