Wills and Probate Solicitors Kildare
Wills and probate solicitors specialise in helping individuals create legally binding wills and manage the probate process after death. They ensure that your estate is distributed according to your wishes, handle any disputes, and provide guidance on estate planning, offering peace of mind and legal support for families. Our specialist Wills and Probate solicitors at Patrick J Farrell are here to help you with any issues.
Wills
A will is a document which decides how a person’s property is distributed after their death.
It can be a very simple document where someone leaves everything to their wife or husband and appoints them their executor (the executor is the person whose job it is to ensure that the terms of the Will are carried out). Alternatively, it can be a very complex document involving, for example, the setting up of trusts providing for the distribution of someone’s assets well into the future.
For further details on making a Will, see our Guide to Making a Will. A Will can be revoked at any time and most people will make a number of Wills as their circumstances change.
Probate
The term probate refers to the process whereby the Probate Office (which is a government body and part of the High Court) formally recognises a Will as being the last Will of somebody who has died and authorises the carrying out of the terms of the Will.
Losing someone close to you represents a very difficult time, but it is also a time that demands a certain amount of pragmatism, particularly when it comes to the administration of the will. The first step you need to take when the matter of inheritance is raised is to seek legal advice from professionals that have expertise in probate law.
Some Common Will & Probate FAQ’s
What is a will?
A will is a legal document that outlines how you want your assets and property to be distributed after your death. It can also appoint guardians for minor children and specify your wishes regarding funeral arrangements.
Do I need a will?
Yes, having a will ensures that your assets are distributed according to your wishes, reduces the potential for family disputes, and provides clear instructions for the administration of your estate. Without a will, your estate will be distributed according to the laws of intestacy, which may not
Why should I make a Will?
Creating a Will ensures that your wishes are respected after your passing. It specifies how your assets will be distributed, who will inherit or be excluded, and who will take ownership of your property.
You can also designate gifts to charity and outline non-financial wishes, such as guardianship of your children, organ donation, and funeral arrangements. Without a Will, your estate will be distributed according to the rules set out in the Succession Act, 1965.
How do I create a legally valid will in Ireland?
To create a legally valid will in Ireland, you must be at least 18 years old and of sound mind. The will must be written, signed by you in the presence of two witnesses, and the witnesses must also sign the will in your presence. It is highly recommended to consult with a solicitor to ensure your will complies with all legal requirements.
Can I contest a will, and under what circumstances?
Yes, a will can be contested if you believe it is not valid or does not reflect the true intentions of the deceased. Common reasons for contesting a will include lack of testamentary capacity, undue influence, improper execution, or if the will does not comply with legal requirements. Contesting a will can be a complex and lengthy process, so it’s advisable to seek legal counsel if you are considering this option.
What is probate, and do I need it?
Probate is the legal process of validating your will and administering your estate according to your wishes. It involves proving the authenticity of your will, paying any debts and taxes, and distributing the remaining assets to your beneficiaries. If you have a will, probate ensures that your instructions are followed. If you die intestate (without a will), probate will still be required to distribute your estate according to the laws of intestacy.
What is the difference between Probate and Estate Administration?
Probate is the legal process that occurs when someone passes away with a Will in place, involving the validation of the Will by a court.
This process is typically straightforward. If there is no Will, the process is referred to as Estate Administration. In such cases, family members usually seek a grant of Administration to ensure that the estate is distributed according to the Succession Act, 1965, rather than default statutory rules.
How many executors are required for a will in Ireland?
It is recommended to appoint at least two executors for your will, unless you are naming a solicitor or a trust company. This is advised because the role of an executor can be demanding, and having multiple executors can help distribute the responsibilities and provide reassurance.
What are the duties of an executor?
An executor is responsible for managing and administering your estate according to your will. This includes gathering and valuing assets, paying debts and taxes, distributing assets to beneficiaries, and handling any legal matters related to the estate. Executors have a fiduciary duty to act in the best interests of the estate and beneficiaries.
Do You Need Advice With an Issue Related to Wills and Probate?
Let the Experts Guide You.
At Patrick J Farrell & Company Solicitors, we understand the difficulties in navigating the legal challenges related to wills and probate. With a legacy founded by Patrick J. Farrell and carried forward by a dedicated team, we have been advocates for justice for over four decades. Our commitment to putting our clients’ interests first, combined with our extensive legal expertise, makes us the ideal partners in your pursuit of justice.
From the moment you walk through our doors to the resolution of your case, you’ll be treated with the utmost courtesy, respect, and understanding. Choose us – where your well-being is our top priority. Reach out to us today and let our experienced solicitors guide you every step of the way.
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