Wills & Probate

Kemple Gormley provide expert advice in the area of Probate Law. It is vital that people make a will to help plan what will happen to their assets following their death.

When a person dies leaving a will, otherwise known as dying testate, their executor/executrix/executors appointed in their will have to make an application to the probate office for a Grant of Probate to the estate. Once the Grant of Probate has issued, the deceased’s estate can then be administered in accordance with law. This would include the vesting of any assets in the names of the beneficiaries and the distribution of the estate.

If a person dies without leaving a valid will, otherwise known as dying intestate, then an application has to be made to the probate office for a Grant of Administration Intestate. In these circumstances the deceased’s estate is distributed in accordance the rules of intestacy as provided for in the Succession Act 1965.

There are other types of Grant which may need to be extracted to a deceased’s estate such as the following: -

• Grant of Administration with will annexed – this grant is required where there is a will but where someone other than an executor applies for the Grant.
• Second, or subsequent Gants – this Grant is necessary when a Grant, which has already been obtained in the same estate, ceases, for example by reason of the death of the executor prior to the completion of the estate.

There are other different types of Grant which may prove necessary and these can be discussed with clients during a consultation at our office.

It should be noted that it is not always necessary to extract a Grant of Representation, the generic name for the various types of Grant, to a deceased’s estate. For example, if a person dies leaving only jointly held assets, such as where a husband dies leaving his wife surviving, where the assets comprising of say two bank accounts and a family home, were held jointly by the husband and his wife, there would be no requirement to extract a Grant to the deceased man’s estate. This example is just one scenario where the extraction of a Grant would not be required. 

We will guide you through the probate process and will answer any queries that you may have in relation to the administration of a deceased’s estate. 

Frequently people have questions in relation to the probate process and some of these might include: -

1. Is it necessary to extract a Grant of Probate/ Grant of Administration to a deceased’s estate?
2. Do I need the original will to extract the Grant of Probate, or will a a copy of the will suffice?
3. I think that the deceased might have left a will but I am not quite sure where it is kept. What should I do if I cannot locate the will. 
4. Am I automatically entitled to the funds held in a joint account, which I held with the deceased, with a financial institution where I am the surviving joint account holder? 
5. Am I going to have to pay any capital acquisitions tax (commonly referred to as inheritance tax or gift tax) on the inheritance I am due to receive? If I have a tax liability, when is the deadline to pay it?
6. I have worked on the family farm for most of my adult life on the basis that I was going to inherit it from my parents. It  transpires that there was no will left giving the farm to me. What remedies, if any, do I have?

Some of the above questions are ones that are frequently presented to us, but clearly do not represent an exhaustive list of scenarios which clients are faced with on a regular basis.

Should I make a Will?

The straightforward answer to that is always yes. The main purpose of making a will is to provide for those nearest to you and to facilitate legal effect to be given to your wishes. For most people making a will is a straightforward process. However, for certain persons, due to various issues, the process may not be as straightforward. We at Kemple Gormley Solicitors can take detailed instructions from you so that you can distribute your estate in the manner in which you wish to do so, as well as the most tax efficient way for the persons you wish to benefit.

Making a will can sometimes be more complex than a person realises. What might seem like minor details can have serious legal consequences. With this being the case it is vital that a person wishing to make a will should seek the expert advice from a solicitor who will guide them through the process of making a will.

The following person/persons should seriously consider making a Will;

1. Married couple who have children.
2. Person who is cohabiting with their partner but who is not married.
3. A person who wishes to establish a trust for children who are under 18 years of age.
4. A person who wishes to establish a trust for a beneficiary who has a disability.
5. A person who wishes to name a testamentary guardian or guardians to replace them as a guardian for their children in the event of their death.
6. A person who is getting divorced or separated, or who has been recently divorced or separated.
7. A person who owns a family business or family farm and wishes to give that asset on their death to their child or children.
8. A person who has previously made a will but has since married.

Contentious Wills and Estates

We are experienced at litigating will and probate disputes. If you believe that you or a family member have been unfairly denied in an inheritance, or that an estate was administered incorrectly, we will advise you whether or not you have a case worth bringing, and importantly whether it makes financial sense to bring a claim.