Wills and Probate

Will and Estates:-
Making a Will.
Every person whatever their assets should make a Will. If you die without leaving a Will then your assets will be distributed in accordance with the Succession Act 1965 which may not be how you wish for your estate to be distributed. A person can make a Will as many times as they desire throughout their lifetime provided they retain the necessary testamentary capacity. For some people it is also advisable to execute an Enduring Power of Attorney when they are making their Will. In executing their Will it is possible to appoint testamentary guardians to minor children, appoint trustees to manage property and/or assets on behalf of minor children or beneficiaries and make other provisions to simplify and regulate matters after the testator’s lifetime. The making of a Will is generally a simple exercise which provides peace of mind and security for the future. However, in some cases it is necessary to make more complex arrangements given the circumstances. Kevin P. Kilrane & Co. shall be happy to advise you with regard to your Will and the estate planning in general including taxation consequences.

Administration of Estates.
This is simply a general heading to describe the process whereby the legal personal representative which will be either an administrator or an executor applies to the Probate Office of the High Court to be appointed as the legal personal representative (LPR) of a deceased. There may be one or more LPR’s appointed to an estate depending on the circumstances. An executor is appointed as LPR where they are named as the executor in the last Will and Testament of the deceased. An administrator is appointed where they are not named as executor but are entitled to take out a Grant of the deceased’s last Will. An administrator intestate is appointed where there is no Will made, pursuant to the Succession Act 1965. When the Grant is extracted then the estate is administered in accordance with law including payment of taxes, the deceased’s just debts, funeral and testamentary expenses, the transmission of a property and monies to the beneficiaries of the estate. While many estates are relatively straightforward although time consuming matters to administer, extremely complex and technical issues can arise and are not unusual. These can include litigation against the estate some examples of which are described elsewhere on this website, issues surrounding taxation, overpayment of pension to the deceased during their lifetime, the death of the LPR prior to the administration being completed, title to property not being properly vested in the deceased and so on.

At Kevin P. Kilrane & Co. we have extensive experience in dealing with Wills, Probate and the Administration of estates from the very straightforward small estate to the most complicated and valuable.