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

When a person dies leaving a will, otherwise known as dying testate, their appointed executor/executrix/executors ordinarily will have to make an application to the probate office for a Grant of Probate to their estate in order to administer and distribute the estate. 

If a person dies without leaving a will, otherwise known as dying intestate, in order to administer the estate an application to extract what is known as a Grant of Administration Intestate must be submitted to the probate office. 

There are other types of Grant which need to be extracted such as the following: -

• Grant of Administration with will annexed – this grant is given where there is a will but where someone other than an executor applies for the Grant.
• Second, or subsequent Grants – this grant is given when a grant, which has already been given 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 need to be extracted, which would arise in a minority of estates, and these can be discussed during a consultation at our office.

It should be noted that extracting a Grant of Representation, the generic term given to the different types of Grant, is not always necessary. For example, if a person dies leaving assets which were held jointly with another person, those assets being say a number of bank accounts and a house, there is a strong chance that a Grant of Representation will not have to be extracted to the deceased person’s estate.  

We will guide you through the probate process and will answer any queries that you may have in respect of all matters which arise in 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 copy of the will suffice?
3. I think that the deceased might have left a will but I am not quite sure where it was kept.
4. I am the surviving joint account holder of an account held with a financial institution held in the names of the deceased and I. Am I entitled to the funds held in the account?
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?
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. What remedies do I have if it transpires that there was no will left giving the farm to me.

Some of the above questions are ones that are frequently presented to us, but clearly do not represent a full list of scenarios which clients are faced with in the context of administration of estates. 

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 and 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, as well as the most tax efficient way for the persons you wish to benefit.

Making a will can 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 you through the process. 

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

1. Married couple who have young 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 an inheritance, or that an estate was administered incorrectly, we will advise you whether you have a case worth bringing, and importantly whether it makes financial sense to bring such a claim.