Probate & Administration of Estates
When someone dies, their affairs need sorted out. We specialise in administering the affairs (estates) of deceased clients, especially when the estates are complex and too difficult for the family to deal with.
Chris Mitchell
BA in Law, Trinity College, Dublin
Email Chris Mitchell
Main areas of practice
Property
Commerical
Wills
Elderly Clients
Probate
Our Probate & Administration of Estates Services Include
(but are not limited to):
Probate – when there is a Will
If someone dies leaving a Will, often it is necessary for the executors to obtain a Grant of Probate confirming their authority as the personal representatives of the deceased and enabling them to administer the deceased’s estate in accordance with the Will.
Intestacy – when there is no Will
If someone dies without having made a Will, their estate must be administered in accordance with the rules laid down by the Administration of Estates Act. This will usually require the next-of-kin or some other family member to apply to the High Court for a Grant of Letters of Administration appointing them as Administrator of the deceased’s estate.
Inheritance Tax
Depending on the value of a deceased person’s estate, it may be necessary to complete and submit an Inheritance Tax return to HMRC before applying for a Grant of Probate or a Grant of Letters of Administration. If Inheritance Tax is payable, the tax must also be paid before the Grant will be issued. We take on the burden of communicating with banks, insurance companies, government agencies and other bodies on behalf of executors or administrators in order to value a deceased person’s estate for Inheritance Tax purposes.
Estate Administration
When a Grant of Probate or a Grant of Letters of Administration has been issued by the Court, we take on the task of realising the deceased’s assets, gathering in the estate funds and distributing the monies or assets in accordance with the terms of the Will or the rules governing succession laid down by the Administration of Estates Act.
Trust Administration
Sometimes money or assets are left by a deceased person on trust or to a trust for the benefit of others. We can advise trustees on what actions they must take, including registration of the trust with HMRC, and the powers that they will have in administering the trust. We can assist trustees in doing what is necessary to carry out the provisions of the trust in relation to, for example, the payment of money to beneficiaries or the transfer or sale of trust property.
Will Disputes & Challenges
Every now and then, when there is a death, the validity of a Will may be questioned and in some cases the content of a valid Will may be challenged, for example, on the grounds that an expected inheritance or entitlement has not been received. Also, a rightful beneficiary may dispute how an estate is being administered by the executors or administrators. Such disputes or challenges usually need the expert advice and guidance that our firm can provide.
