Are you looking for a probate solicitor in Sligo?
What Our Probate Solicitors Will Do For You?
When engaging our Probate solicitors in order to apply for a Grant of Probate or a Grant of Administration you will be advised as to the necessary requirements. Our Probate Solicitors will look after all matters in relation to the distribution of the Estate of the deceased including contacting banks, Credit Unions, Post Offices, insurance companies and beneficiaries. Our Probate Solicitors will also complete a list of the estate assets and handle the distribution to the beneficiaries.
Our Probate Solicitors have the knowledge and experience to advise on all aspects of the administration of Estates. We will advise you on how to make what can be a stressful experience to one which is manageable. Our Probate Solicitors understand the impact and stress that these decisions may cause and are here to help you through that experience. Our Probate Solicitors will assist you with all aspects of the administration of Estates.
Our Probate Solicitors review the relevant legal documentation and move quickly to bring the process to a swift conclusion while keeping you up to date throughout. We strive to make sure your experience is stress free.
Grant of Probate
In cases where parties have left a Will, the Executor has the responsibility to apply to the Probate office for a Grant of Probate. Under Irish Law the Executor must administer the Will. If the Executor is not in a position to administer the Will, then they should renounce their position and allow a suitable and correct party to take over the position as Executor. In some cases, there is more than one Executor and they may jointly apply for the Grant of Probate.
Grant of Administration
In cases where parties have not left a Will, the Administrator (which is a similar position to the Executor) has the responsibility and will apply to the Probate office for a Grant of Administration. Under Irish Law the Administrator must administer the Estate of the deceased.
Rules of Intestacy
In circumstances where there is no Will the Rules of Intestacy will determine who the beneficiaries are to be. A beneficiary will be entitled to apply for a Grant of Administration.
The order as to who can inherit under Rules of Intestacy where there is no Will is as follows:
- Spouse and Children/Civil Partner & Children
- Great-Great Grandchildren
- Brothers and Sisters
- Nieces and Nephews
- Uncles and Aunts
- First Cousins/Great Uncles & Aunts / Great Nephews and Nieces
- Great-great Grandparents
How long does the process take?
Typically, the relevant grant is received within 3-6 months from the date of receipt of all the relevant information. The timelines largely depend on the level of applications the Probate office is dealing with. Once the grant is received, certified copies are sent to the various Financial institutions so that the funds can be received and distributed. It should be noted that delays can occur where a Will is contested. Our Solicitors in Sligo can advise as to any likely timeframe and likely delays.
Further, it is important to note that an Executor or Administrator has 12 months to deal with the distribution of an Estate from the date of death. If an Executor or Administrator fail in this regard a potential beneficiary may apply for the relevant Grant.
The following taxes must be considered in any Probate process:
There are a number of taxes that can arise during the course of administration of an estate, such as:
- Capital Gains Tax – Where an asset such as a property is sold and has increased in value between the date of death and date of sale, then Capital Gains Tax must be paid.
- Income Tax – If the deceased made an income during their lifetime or since death, returns would have to be completed to the date of death and any taxes paid.
- Probate Tax – This only applies to Estates where the person died between 18/06/1993 and 05/12/2000.
- Capital Acquisitions Tax (CAT) – This is inheritance tax that applies to beneficiaries of the Estate. Generally, each beneficiary has a tax-free threshold which changes from time to time in the Budget.
It is imperative to note that a suitable and qualified tax advisor should be appointed to deal with all and any tax returns for the estate.
Probate Legal Services Offered:
- Assisting with Probate;
- Assisting with Administration;
- Contesting Will;
- Lack of Capacity;
- Undue Influence; and
- Failure to provide for certain family members.
Our 4-stage process
A consultation with our Probate Solicitors will make sure you understand the nature of the process and the documentation involved in a Probate. We will discuss the Will and contents of the Estate, such as properties, bank accounts, shares and personal contents and the distribution of same.
Once our Probate Solicitors have all information, they will draft the Probate application and arrange an appointment for you to sign the relevant documentation. Once signed and completed we will lodge the papers in the Probate Office and advise you of the likely timelines.
- Probate Office
Once we receive the relevant Grant of Probate or Grant of Administration from the Probate Office, we will write to each financial institution enclosing certified copies of same. We then complete the Estate Accounts detailing all aspects such as the assets, payments made and the distribution of the Estate.
The final stage is to approve the Estate Accounts confirming that all debts and expenses of the Estate will be paid and the balance distributed to the beneficiaries in accordance with the Will or Rules of Intestacy.