Practice Areas

Local Solicitor providing services in Probate matters including expert legal advice relating to making a will assisting the executor of a will, extracting a grant of probate, contesting a Will, or administering a deceased’s estate.

A Will sets out how you want your assets to be distributed on your death. A Will speaks from the date of death and can be amended at any stage prior to the testator’s death. If you do not make a will your assets will be distributed according to the rules of intestacy and your personal representative will have no authority to deviate from these rules. By making a Will you decide how your assets are to be distributed.

A Will is a document that sets out your intention regarding your estate when you die. It is especially important to make a Will if you have young children. This is so you can appoint guardians and trustees for those children.

It is possible to draw up a will yourself or you can hire a solicitor to help you. For a will to be legally valid, the following rules apply:

• The will must be in writing
• You must be over 18 (if you are or have been married you can be under 18)
• You must be of sound mind
• You must sign or mark the will or acknowledge the signature or mark in the presence of two witnesses.
• Your two witnesses must sign the will in your presence
• Your two witnesses cannot be people who will gain from your will and they must be present with you at the same time for their attestation to be valid.
• The witnesses’ spouses/civil partners also cannot gain from your will.
• Your witnesses must see you sign the Will, but they do not have to see what is written in it.
• The signature or mark must be at the end of the will.
• After you die, somebody must deal with your estate, that person is your executor it is the job of the executor to make sure your intention is followed.

To administer the estate in accordance with the terms of the Will the executor will apply for a grant of probate. This involves gathering information including the deceased’s assets and liabilities and making an application to the Probate Office. Once the grant of probate issues from the Probate Office the executor can then distribute the estate.

Where there is no Will the deceased’s personal representative will make an application to the Probate Office for a grant of letters of administration. The application is like an application for a grant of probate in that the personal representative will gather information including the deceased’s assets and liabilities and apply to the Probate Office. Once the grant of letters of administration have issued from the Probate Office the personal representative can administer the estate in accordance with the rules of intestacy.

The information contained in this website is an overview and explanation of the general process. It is not to be taken as legal advice. Please consult Local Solicitor for legal advice. If you need to get involved in a process Local Solicitor is in your corner to help you through the process. You can contact Local Solicitor by telephoning 01 8438138.