Probate & Wills

A Will is a list of instructions as to how an individual, the Testator/Testatrix, wishes his/her assets to be distributed between his/her loved ones, the Beneficiaries after they are gone.

Within a will authority is granted to a particular individual, the Executor/Executrix, to carry out the will of the Testator/Testatrix and distribute his/her assets between the Beneficiaries in accordance with the will.

Probate is the general legal term given to the process involving:

1. the Executor/Executrix formalising his/her authority to act, this is what is known as ‘taking out the Grant’
2. the Executor/Executrix gathering up the assets of the Testator/Testatrix
3. the Executor/Executrix liquidising the assets (where appropriate)
4. the Executor/Executrix administering the assets between the Beneficiaries

The rules of law governing the creation of wills are strict and rigid and an improperly constructed will can lead to the intention of the Testator/Testatrix being frustrated. We will be happy to assist in drafting your to give you the peace of mind of knowing that when the time comes the intentions you wished to be carried out in your Will are borne out.

Intestacy

Intestacy is the situation where no Will has been made. If no will has been made the Succession Act will determine who administers the assets and will also determine to whom the assets are administered. Entitlement in an intestacy situation is determined by the relationship to the deceased.

If no Beneficiary can be traced the State is the ultimate Successor in Title.

To make an enquiry with our Principal, Niall Cosgrave, CLICK HERE