Every adult should make a will to ensure that their family and loved ones have been provided for and to ensure that no unnecessary stress or expense is placed on your family in the event of your untimely death. Making a will is not complicated, not expensive and can be completed without delay. It will ensure that your assets and property are distributed as per your wishes and not in accordance with the relevant legislation.
Colm O’Cochlain can help guide you through the administration of their estate whether or not the deceased has made a will. We aim to make this process as easy as possible for you so as not to further complicate this already stressful and difficult time for you. We have a broad range of expertise in dealing with contentious matters and actions taken against the estate of a deceased person by a spouse, by a child or by a partner.
If someone becomes incapable of dealing with their own affairs through reason of accident or illness or through any other reason, their assets and property will be frozen.
In the event of mental incapacity the next of kin may not be able to deal with the assest of the person who is mental incapacitated without an Enduring Power of Attorney or a Ward of Court Application. Consider what would happen to your family and loved ones in the event that an accident or illness left you incapable of dealing with your own affairs your loved ones had no way of handling your affairs. How would they cope?
An Enduring Power of Attorney is also called a “Living Will”. While you are in good health and capable of deciding who should look after your affairs should the need arise, you can select a person, usually a close relative, to enable to act on your behalf in relation to any business, financial or personal affairs.
Please contact us to discuss your options and what is involved to ensure that all of your wishes are taken into account in the event of your incapacity.
Where a person is no longer capable of managing their own affairs and no Enduring Power of Attorney has been executed an applications can be made to the High Court to have them made a Ward of Court.
In this case the Judge will review the Application and decide whether the Ward is incapable of managing their own affairs and if they find as such, they will then appoint a committee who will then manage the affairs of the Ward. Please contact the office to discuss any possible Application for a Ward of Court.
Below you will find all the information you need the Legal work for the Probate application. If you need more information please do feel free to contact us
When a person passes away and they have assets in their sole name then in the majority of situations an application needs to be made to the High Court to allow an Executor (if there is a will) or Administrator (if there is no will) to deal with the assets. Once Letters of Administration are granted then the assets can be gathered and distributed or sold and distributed.
The named executor(s) make the application where there is a will. If there is no will then the deceased’s spouse has the first option and it then reverts to the deceased children, parents, brothers/sisters downwards.
We need to gather together information relating to the deceased. We will need a Death Certificate, PPS Numbers for the deceased and beneficiaries who inherit over €16,500.00 other than a spouse, the Executors/Administrator’s address and occupation and details of all assets and liabilities. We also need details of all assets held jointly.
We write to any banks/insurance companies and get a value as of the date of death and a valuation of any property as of that date.
Once we have all the information we prepare an Inland Revenue application and the Oath of the Executor/Administrator. The Inland Revenue Affidavit is a 20-page document dealing with all assets, liabilities and beneficiaries. The Oath is the application to the High Court for Probate and refers to the will if there is one. We then get you in to go through the documents and swear same if they are correct. The documents are then lodged with the Probate Office.
Once the application is accepted it normally takes 4/5 months for the Grant to issue.
Once the Grant issues it allows us to gather the assets from any banks/building societies/insurance companies and to sell any houses. Once all the assets have been collected we will prepare a draft statement for the estate and once it’s agreed we can distribute the estate.
Payment is made at the end and can be deducted from the assets.
We hope this answers some questions but if you have any more please contact us. We are here to help you.