When a person passes away, then, if they have money or assets, it is necessary for the Court (Probate Division of the High Court) to appoint somebody to look after their estate. In the legal profession, this type of work is referred to as “Probate”. What it means is that we assist the next of kin and beneficiaries of a deceased person, in order to legally wrap up the deceased’s assets and expenses.
Under our law, somebody (on their own or with others), must look after the affairs of the person that has passed away. This “somebody” is known as the “Executor” where there is a Will involved: or “the Administrator”, where there is no Will; or the generic term covering either is a “Personal Representative”. Rather than confusing you with legal language, let’s just say that the responsibility of this person is to pay all the funeral expenses, and administer the Estate of the person, that has passed away, in accordance with that person’s Will, or where there is no Will in accordance with Succession Law and, generally, in accordance with the Laws of the land e.g. tax laws.
In order for the Executor/Administrator, to deal with the deceased’s property, they must be appointed by the High Court. In most cases, this merely involves the Solicitors’ firm making the application in Court that the person be so appointed. There is no need for the person to attend Court. In order to be appointed by the Court, there is a process involved.
To briefly explain the process, it is as follows: - we write to all financial institutions and/or get valuations of property. We write to each beneficiary and ask them to complete a short form. When all replies are received back (and in this regard, if someone delays in replying then we are all delayed), we complete a host of forms and affidavits. On the proposed personal representative’s behalf, we then apply to have the Personal Representative officially appointed by the High Court. The High Court will issue us with a formal document appointing them (this document is called “probate” or “grant of probate” or “grant of representation”).
It is at this stage in the process that this document allows (on behalf of the personal representative) the assets be sold and/or assets cashed in and/or property put into the beneficiaries’ names. Then, distribution can take place to the beneficiaries. The process can take on average 12 months.
We have been doing this area of work for over 80 years and believe we have a speciality in it when compared to other solicitors.
How can you book an appointment with our Solicitors?
You can contact us today by phone or email to book an appointment with one of our solicitors.
How much do Solicitors charge?
The amount a Solicitor charges in Ireland is a matter for the Solicitor and client to agree. Essentially, Solicitors charge on the basis of the complexity of the matter, the time involved, the urgency and the value of the transaction. Solicitors’ fees vary throughout the Republic of Ireland and so it is worth a customer’s time to ask for an estimation or quote at the earliest opportunity. A Solicitor is obliged to give you a quote as soon as practicable.
Do I need to travel and physically attend at the Solicitors office?
No, in this modern age with electronic communications, your physical presence is not necessary at our offices in Castlecomer, County Kilkenny. We can arrange online face to face meetings. In some situations, we will require to establish your identity and place of residence, however, we try and make this as pain free and as easy as possible.
What locations do Holland Condon Solicitors provide services to?
We provide services to any person, any company or any organisation located anywhere in the world! Mainly, our clients reside in the South East of Ireland and, particularly, in the Counties Kilkenny, Carlow and Laois.
What Legal Services do you provide?
Holland Condon Solicitors, Kilkenny, provide Legal Services in the area of injury claims, property transactions, house sales and purchases, making Wills for people and helping next of kin/family/friends when a loved one/family member has passed away. We also provide a Commissioner for Oaths service. All our services are detailed above and can be accessed by clicking on the relevant icon on our web page.
Do I need a Solicitor to do the Probate Work for me?
No, you don’t, you can do it yourself. However, we would hope our expertise would result in the process being much faster and we can pinpoint the traps that can arise in the Administration of an Estate such as Social Welfare Claims, Income Tax issues, Inheritance Tax issues, Fair Deal Scheme issues and other third party claims that can arise. We aim to get the work done as quickly, efficiently and cost effective as possible and our goal is to protect the Executor or Personal Representative in their capacity. If an error arises, then the Personal Representative or Executor will be personally liable, so its best to get legal advice.