Wills & Probate Disputes

Probate law in Ireland refers to the disposal of the assets of a deceased person. When a person dies in Ireland, their solicitor will use probate law to decide how the estate of the person who passed away is handled. 

If the dead person left a will, the solicitor follows the deceased’s wishes. In the case of a will, the solicitor follows their probate law training to deal with the beneficiaries through the executor of the will. 

When the person who died did not leave a will, the probate solicitor deals with the dispersal of the deceased’s estate by contacting the next of kin. 

Probate law can and should be straightforward, but in many cases, there are disputes and disagreements over what is in the will or even about next of kin if there is no will. 

A solicitor, expert in probate law in Ireland, is the only person to turn to when there are disputes around the estate of a deceased person. 

At Hughes & Associates Personal Injury Solicitors, we have the experience in Irish probate law. We can help when you have lost a loved one or need help with probate law. 

Hughes & Associates Solicitors in Dublin can help with all aspects of probate law in Ireland.

Probate law is the legal process of authorising an individual to deal with a deceased person’s estate. In Ireland probate is usually managed by a solicitor expert in probate law. 

An estate can be made up of assets like bank accounts, property, and financial investments. In Ireland, strict regulations are in place to determine how the assets of a deceased person are distributed among the beneficiaries. 

In most circumstances, the probate process is only necessary if the value of the deceased’s estate exceeds €25,000. While this is not a hard and fast rule, and all probate law cases are different, it is followed in most probate cases. 

An estate with assets combining to a value less than €25,000 is known as a “small estate” and may be administered through what is known as the Small Estate Procedure.  

Hughes & Associates Personal Injury Solicitors in Dublin can handle your probate case both when there is a will and in cases where there is not a will.

Probate, when there is a will, is when the deceased person leaves behind instructions about the rightful inheritors of their estate. The will should also determine who should be the executor according to the wishes of the deceased. 

The executor is the person who deals with the estate, and when the person dies, the executor will be required to make an application for a Grant of Probate to decide if the will is valid. 

The Probate Office will issue a Grant of Probate if they deem the will valid and can be relied upon under law. Once issued, the grant of probate is proof that the person named in the grant as executor is entitled to collect and distribute the deceased’s estate. 

According to Irish probate law, the executor of the will is obliged to administer the wishes of the deceased but can renounce this responsibility if they choose. 

If the executor declines, the legal process is for the other named executors in the will to step in and take the process forward. 

If the deceased named two or more executors in their will, all parties can apply together for probate to the Probate Office.

Probate without a will in Ireland can be a more complicated process and often requires the skills of a probate solicitor to run the administration of the deceased’s estate. 

When someone dies intestate, without leaving behind a will, the person who deals with their estate is called an ‘administrator.’ In most cases, this responsibility falls on the next of kin. 

Next of kin, in priority under Irish probate law, are:

The administrator will be required to take out a Letter of Administration, which grants them permission to act as administrator. 

A probate solicitor may refer the case to the Probate Registrar if there is any doubt about who is entitled to be the administrator. 

Hughes & Associates Solicitors in Dublin can advise in strictest confidence on all aspects of probate law when there is a will or when there is not a will.

The role of a probate solicitor in Ireland is to deal with a person’s estate when they pass away and ensure their assets are disposed of according to the law. 

When a loved one passes away, it is recommended that the responsibility of distributing their estate be placed in the hands of a competent and experienced probate law solicitor. 

The probate solicitor will administer the distribution of any funds according to the wishes of the deceased in their will after clearing all debts. A probate solicitor will draw in all the estate assets and divide them accordingly. 

When the deceased dies intestate, the probate solicitor can take on the task of dealing with their estate. The probate solicitor will contact the next of kin, deal with the Probate Office and ensure assets are disposed of according to the law. 

Smaller estates, those under €25,000 in value, may not require a Grant of Probate, but a solicitor can make the process go smoothly and give an independent voice to the beneficiaries. 

It is not a legal requirement to enlist the services of a solicitor to handle the probate process, but due to the complex nature of probate cases, it is always a support to have an expert on hand to deal with things efficiently.  

Hughes & Associates Probate Solicitors in Dublin have the experience to ensure the smooth handling of all probate issues.

Yes, a probate solicitor can help when the family and others left behind are in dispute over the deceased’s assets. 

Difficulties often arise after a person’s death with their estate and beneficiaries; family differences and disputes quickly start when valuable assets are being distributed. 

A probate solicitor can take on the case of a dispute over a will or disputes when the deceased dies intestate. 

In Ireland, going to court is often the first choice in disputes, but court expenses can be very high and reduce the funds paid out to beneficiaries. 

A legal battle can be prevented by using a probate solicitor’s careful handling of the estate from the start.

When a person’s estate is insolvent, the probate solicitor could become invaluable. If the estate is insolvent, there may not be enough money to pay debts and taxes owed by the deceased. 

In these cases, it is essential to get legal advice about how the bills and debts should be paid and in what order, as statutory regulations will determine which creditors get priority. 

The probate solicitor will know how to deal with an insolvent estate under Irish probate law. The liabilities can fall on the executor or administrator of the estate if the paying of debts and taxes is not handled appropriately.  

A probate solicitor can advise on how to avoid this happening. 

Hughes & Associates Solicitors have the experience in all aspects of probate law to see to the legal handling of any probate situation.

Hughes & Associates Solicitors have many years of experience dealing with probate law, executing wills, and other estate litigation services.  

We have extensive experience in providing probate litigation advice to our clients and have a record of using that experience in resolving even the most protracted and contentious disputes in a timely and amicable manner. 

Probate services offered by Hughes & Associates Solicitors focus on the litigation aspect of contested estate cases, where there is a need for a guiding hand from our legal team. 

Some of the ways we can assist with probate law are:

All probate litigation in Ireland operates under the framework of the Succession Act 1965. The act details the laws that define all matters related to the inheritance of a person’s estate after their death, particularly concerning the beneficiaries.  

The Succession Act states that the surviving spouse or civil partner has the right to a share in the estate of their deceased spouse or civil partner. The share to which the spouse or civil partner is entitled is known as the legal right share, and they are legally entitled to it regardless of any conflicting terms in the will. 

As well as governing succession matters when there is a will, the Succession Act 1965 also sets out the rules for the distribution of intestate estates. A probate solicitor will follow these guidelines when dealing with any beneficiaries. 

The Succession Act deals with ownership of physical property, financial assets and even property that may be overseas. 

Hughes and Associates Solicitors have full knowledge of the Succession Act 1965 and can guide through all legal processes when dealing with the deceased’s estate.

Speak with a probate solicitor at Hughes and Associates Solicitors today, and let us handle all your probate matters. 

Hughes & Associates Solicitors are known for our dedication, professionalism, and client-focused approach. Our experienced probate law solicitors have successfully navigated numerous cases, ensuring clients’ peace of mind and a smooth resolution. 

We can help you if you have difficulties with probate or have doubts about how the process works. 

Contact Hughes & Associates Solicitors in Dublin today for a confidential approach to your probate law issues.