Wills, Probate and Administration of Estates
What is Wills and Probate?
No matter how large or small your estate may be, making a will is of the upmost importance. By doing this you ensure the financial security of your family and dependents by planning how your property and possessions will be distributed when you pass.
Probate law involves the administration of a deceased’s estate through the making of an application to the Probate Office and the carrying out of the wishes as written in the Will.
Intestate are the rules that govern the administration of a deceased’s estate if the deceased does not have a valid will.
At McGuigan Solicitors LLP, we can provide you with all of the necessary advice and services to those wishing to organise their affairs as well as executors seeking assistance in the Administration of Estates.
Areas of Expertise
Drafting and reviewing Wills
Administration of Estates – Testate and Intestate
Enduring Powers of Attorney
Powers of Attorney
Wards of Court Applications
Estate Disputes – Probate Litigation
Our Approach
At McGuigan Solicitors LLP, we understand the importance of effective communication and how it plays a key role in building and deepening client relationships. Our experienced team are always seeking to improve and develop our services to ensure we meet client needs and requirements.
We create innovative proposals and work together with our clients to achieve their goals and expectations by taking a hands on approach and available at all times. We strive to create a unique experience that guides clients through the challenges and opportunities. Our legal services are partner led to ensure the service offered is of the highest standard.
Áine McGuigan
Wills and Probate Administration Expert
Áine advises clients in relation to all aspects of family law including Separation Agreements, Judicial Separation and Divorce Proceedings. Her approach is to provide step by step guidance and support to clients in achieving the best outcome for them in difficult circumstances Áine can offer sensitive yet sound advice to help guide clients through the financial and legal implications and towards a solution that will allow the parties to move forward with their lives.
FAQs
What is a will, and why is it important?
A will is a legal document that outlines how your assets and property should be distributed after your death. It allows you to express your wishes and ensure that your loved ones are taken care of. Having a valid will is crucial to avoid complications and ensure that your estate is distributed according to your intentions.
When should I consider creating a will?
It is recommended to create a will as soon as you have assets, property, or dependents that you would like to protect or provide for after your death. It’s never too early to plan for the future, and having a will in place can provide peace of mind for you and your loved ones.
What is probate, and when is it necessary?
Probate is the legal process that validates a will and ensures its instructions are carried out correctly. It involves proving the authenticity of the will, appointing an executor, and distributing assets to beneficiaries. Probate is typically necessary when a deceased person’s assets are substantial, or there are complex legal matters involved.
What happens if someone dies without a will?
When someone passes away without a will, their estate is distributed according to the laws of intestacy. In Ireland, the Succession Act 1965 outlines the rules for intestate succession. The estate will be distributed among close relatives, such as spouses, children, and parents, based on a specific hierarchy.
What is involved in the administration of an estate?
The administration of an estate refers to the process of handling a deceased person’s assets, paying any outstanding debts, and distributing the remaining estate to beneficiaries. It involves tasks such as locating and valuing assets, filing necessary documents with the Probate Office, paying taxes, and resolving any disputes that may arise. Content
Can I contest a will or dispute its contents?
Yes, it is possible to contest a will or dispute its contents under certain circumstances. If you believe the will is invalid due to lack of testamentary capacity, undue influence, fraud, or a mistake, you may contest it. However, contesting a will can be a complex legal matter, and it’s advisable to seek legal advice from an experienced solicitor in such cases.