Probate

Grant of Administration / Probate

When a deceased leaves a Will, the process to have the assets distributed is called Probate. The representative appointed by the deceased in the Will is the Executor. When a Grant of Probate issues from the Probate Office, the deceased’s estate can be distributed according to the terms of his Will.

If there is no Will, the process is called Administration. If no will was made, the estate must be distributed according to Irish Law, i.e. the rules of intestacy.

At Michael Purcell & Son, we try to make what can be a stressful and upsetting time for the personal representative less so by assessing the estate and what work needs to be done, and providing comprehensive advice to the personal representative at every stage of the process.

Probate Litigation

The law surrounding probate can be complex, and there are occasions when an estate becomes involved in litigation, for example, when there is a claim that:

  • a Will is invalid for some reason
  • proper provision has not been made for a spouse or civil partner
  • proper provision has not been made for a child of the deceased

Such claims give rise to:

  • Will Suits
  • Legal Rights Share applications
  • Section 117 Applications

At Michael Purcell & Son LLP we have extensive experience of both taking and defending these actions. We have acted for children and spouses/partners who feel that they have not been adequately provided for in Wills. We have given advice to both the personal representative and a potential claimant on all aspects of succession including:

  • Drafting of Wills
  • Extraction of Letters of Administration
  • Extraction of Grants of Probate
  • Advice on Entitlements
  • Succession Disputes
  • Probate Disputes including litigation

PRACTICE AREAS