Roe Solicitors - Dublin | Roscommon

Wills & Probate

Making a Will

Making a will ensures that, when you die, your property and other possessions go to the people that you want them to go to. If your will is valid, any debts that you owe will be paid from your estate, and the remaining assets will be distributed to the people named in your will. An ‘executor’ (or executors) named in your will is usually responsible for carrying out your wishes.

You can, of course, make your own Will however the chances of it having no legal effect are relatively high. 

If you die without making a valid will, you are said to have died ‘intestate’. This means that an administrator will pay any of your outstanding debts from your estate (all your possessions and assets), and then distribute those assets among your living relatives according to a set formula. However, the process is usually more complicated and expensive than it would be with a valid Will and we would therefore always advise you to have a Will prepared by a solicitor. 

administration of estates

A personal representative is the person responsible for administering the estate (all a person legally owns at the date of their death) of a deceased person. He or she can be either an ‘executor’ or ‘administrator’.

Executors are the people named in the Will to deal with the estate. Where there is a Will but no executor, or where a person dies without having made a Will, this person is called an administrator.

Where there is no Will, the closest family member is usually the administrator. Where there is a Will but no executor, the person entitled to the residue of the estate is usually the administrator. The ‘residue of the estate’ is any part of the estate not specifically identified and given away in the Will.  The role of personal representative, once you accept it is for life.

The tasks involved in administering an estate typically includes:

• Identifying the assets (items owned) and liabilities (such as unpaid bills) of the deceased person;
• Getting control of the assets;
• Paying the liabilities; and
• Distributing the remaining assets to the beneficiaries.

The personal representative(s) make decisions about the estate, but they need to consult the beneficiaries of the estate each time they are making a decision that may affect them.

Grants of Representation 

A ‘grant of representation’ is a legal document that allows the personal representative(s) to collect all assets of the deceased and administer the estate. The High Court Probate Office produces this document and sends it to the personal representative.

• Where there is a Will and an executor, the personal representative should apply for a ‘Grant of Probate’.
• Where there is a Will, but no executor, the personal representative should apply for ‘Grant of Administration with Will Annexed [attached]’.
• Where there is no Will, the personal presentative should apply for a ‘Grant of Administration Intestate’.    

Until the Probate Office produces a Grant of Representation, the personal representatives are generally unable to deal with the assets owned by the deceased person. In limited circumstances, it may be possible to administer an estate without a grant.

Why Choose Roe Solicitors

We have a wealth of practical knowledge and experience in relation to Wills & Probate law in Ireland. We provide a bespoke high quality professional service and we take the time to listen to our clients. We are upfront on costs and expenses and we will, at all times, be open and honest in progressing your matter.