Wills and the Administration of Estates
We have over forty years’ experience in advising clients in relation to their wills and the administration of estates.
Maurice P Joy the principal of Creagh Joy and Co Solicitors is a Member of the Law Society Probate Administration and Trust Committee.
A Will is one of the most important documents that you will sign in your lifetime and deserves careful consideration and preparation and it should be for the following reasons, namely:
- A will provides for the legal transfer of property that you own to people to whom you wish to benefit when you pass away.
- A will can provide for the special needs of family members.
- A properly drafted will can reduce and sometimes eliminate the Inheritance Tax payable by beneficiaries under your will.
- By making a will you can decide who is to handle your legal affairs.
- The administration of your estate is less costly if you have made a will.
The consequences of not making a will
- Your estate passes by law to certain next of kin as specified in the 1965 Succession Act – (although it is possible to vary this with the consent of all family members).
- Possible increase in Inheritance Tax.
- The administration of your estate becomes more expensive.
- Some next of kin may benefit from your estate which would not have been in accordance with your wishes.
Other legal services that we provide in relation to the administration of estates include the following:
- Extraction of Grants of Probate / Administration depending on whether the person has died testate (having made a will) or intestate (not having made a will).
- Advise on Inheritance Tax in relation to estates.
- Section 117 Applications – a child of a deceased person who believes that he or she has not been properly for by their parent either during the parent’s live time or in the parent’s will is entitled to make an application to the High Court for a share of their parent’s estate. We have successfully acted on behalf of numerous adult children in relation to this particular matter.
- Application by the spouse of a deceased person for a legal right share of the deceased’s spouse estate – Section 111 of the 1965 Succession Act provides that a spouse has a legal right share to one-half of the deceased’s spouse estate if there are no children and a legal right share to one-third of the estate if there are children – we have acted in numerous cases on behalf of the spouse of a deceased person in relation to this matter.
- Application by a cohabitant for a share of the estate of a deceased cohabitant – as a result of the Provisions of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, a qualified cohabitant maybe entitled to a share of a deceased cohabitant’s estate – we have extensive experience in dealing with applications of this nature.