Application for Probate / Letters of Administration
When someone dies their executors, as appointed in their Will, or their next of kin, where no Will was made, must distribute the deceased’s estate as and per their wishes.
There are two main types of application which one can make in order to distribute a deceased’s estate-
- Grant of Probate – if the deceased made a valid Will during their lifetime then a Grant of Probate can be obtained by making an application to the local Probate Office.
- Letters of Administration – if the deceased did not make a Will or made an invalid Will then Letters of Administration will be applied for to distribute the estate to the next-of-kin of the deceased.
We can assist either the Executors or Administrators/Next of Kin of a deceased’s estate on their duties and obligations in their role from the initial procedures after the death to making the relevant applications to the Probate Office until the final distribution of the deceased’s estate and vesting of property.
Fees: Probate fees are generally charged on the type and complexity of the transaction and what level of service you require from us. Obviously the more ground work the Executors have prepared before engaging our services can reduce the fees applicable. It is always good practice to firstly meet with us and we can assess the estate and provide a written quotation at that point before formal instructions to proceed.
Making a Will
The distributions of a deceased persons assets after their death can be stressful and difficult for those left behind unless a Will is made which sets out clearly what is to occur.
By making a Will you ensure that your inheritance or your estate will pass on to the people you want to receive it, otherwise known as the beneficiaries.
If you do not make a Will you will be relying on what is known as the Rules of Intestacy. These rules basically allow for your estate to vest in your next of kin upon your death and you may not want this to occur. If you do not make a Will however this is what will occur.
In order to ensure that your Will is valid there are a number of formalities which must be adhered to therefore making your Will with your Solicitor present is of paramount importance.
We also advise on the creation of Trusts, Guardianship Issues in relation to Children, Charitable Bequests, Inheritance Tax Issues, Specific and Conditional Legacies, Section 117 Applications and Spouse and Children’s Rights.
Fees: Basic Wills start from €150.00 plus VAT
Enduring Power of Attorney
Making an enduring power of attorney is one of the most important decisions you can make during your lifetime. Essentially it allows you to select two individuals who will take care of your affairs during your lifetime if you ever become incapacitated to a point where you can no longer make rational decisions for yourself such as
a)Where I should live
b)With whom I should live
c)Whom I should see and not see
d)What training or rehabilitation I should get
e)My diet and dress
f)Inspection of my personal papers
g)Housing & Social Service and other benefits for me.
The process involves your GP certifying your health and your solicitor confirming that you have the legal ability to make an EPA. Two notice parties are also notified of the existence of the EPA and the two people you have selected as your 'attorneys' also sign the documentation.
If then you ever require the EPA to come into force it is registered in the High Court.
Fees: The approximate costs of an EPA are €500.00 plus VAT for the initial EPA drafting. Your GP may also charge you a fee. The registration of the EPA in the High Court is in addition to this fee if it is required in the future.