Wills & Probate Solicitors Clondalkin & Rathgar, Dublin
Wills and Probate
Dealing with a death in the family is not an easy matter. It is both emotionally and financially demanding. We offer a comprehensive probate and administration of estate services. Our services are designed to deal with the practical considerations arising on a death in a family which allows the family time and space to deal with the emotional considerations.
Call our West Dublin office in Clondalkin on 01 4030777 or our South Dublin office in Rathgar on 01 4990499 or email: info@howellkelly.ie or contact us here.
Our services in this area include:
- Drafting of Wills.
- Advice on matters of tax.
- Applications for Grants of Probate.
- Advising on the role/responsibility of Executors.
- Advising the Spouse/Children of the deceased.
- Advising on claims against an estate.
- Wards of Court Applications.
- Advice on Enduring Powers of Attorney.
Call our Clondalkin office on 014030777 or our Rathgar office on 01 4990499 or email us at info@howellkelly.ie for further information on how we can help.
Why make a Will?
When you are healthy and enjoying life, the idea of making a will may be far from your mind, but it is something we all should think about. There is nothing morbid about making a will, in fact it can have quite the opposite effect. It can be heartening to know that you’ve made arrangements for family or loved ones, after you’ve gone. Hopefully this will be a very long way off, but it’s really about piece of mind that both you and your family will have now and into the future. The experts at Howell Kelly Solicitors have years of experience in assisting clients in making arrangements for family into the future.
What exactly is a Will?
Put simply, a will is a legally binding document which sets how your assets will be dealt after you die. It is best done with the help of a solicitor, who can guide you through the process with their specific legal expertise.
There are many reasons to make a will:
- If you do not make a will, your entire estate, be that a house and/or savings is frozen until someone is appointed to divide the assets accordingly. If you make a will, you avoid any of the problems in this regard.
- Writing a will means that you decide what provisions are made for your dependents or family, subject to certain rights that spouses, civil partners or children may have.
- Writing a will can really limit stress on a family during a difficult time, following a death. You can make provision for funeral arrangements within a will. This can cover such things as setting aside funds for the future or such sensitive issues as where you wish to be buried. These things can give you piece of mind that your wishes will be adhered to and that there is no unnecessary stress on family when you are gone.
- A will means that you can decide to leave property or sentimental items to those you care about. You can also decide to leave some assets to a charity, if that is your wish. A will means that you may also be able to help someone outside of family.
- By working with your solicitor, you can also decide how your assets are distributed among family. This could help in your family avoiding some areas of inheritance tax.
- It is highly recommended that if you are co-habiting, a will is made to ensure that your partner is looked after, following your death. This is especially true if property or assets are only in your name. A will gives you piece of mind that they will be taken care of.
- People with children should think carefully about making a will as soon as possible. Again, it is a positive step in making sure that your loved ones and their representatives have a legal document which gives clear instructions on how they should be looked after.
- Your solicitor can guide you through all aspects of making a will. It need not be a stressful experience. In fact, with expert advice you can make arrangements for family and loved ones in a supportive environment which sets you at ease.
Please contact our Clondalkin office on 01 4030777 or our Rathgar South Dublin office on 01 4990499 for a written quote.
Expert Wills and Probate advice from Howell Kelly Solicitors
At Howell Kelly Solicitors, we have experts in all areas of will making. Michael Kelly and his team advise clients on all aspects of will making and their skill and knowledge will guide you through the process, making it a simple and cost effective thing to do.
You can contact us at any time to arrange making your will or to update an existing will. We’ll be happy to help you make arrangements for family and loved ones into the future, giving you piece of mind that your wishes can be adhered to.
Located in the heart of Clondalkin, Dublin 22
Our Solicitors proudly offer expert wills and probate services to individuals, families, and businesses in the local community and surrounding areas. Our office is conveniently situated on Tower Road, near key local landmarks such as the Round Tower Heritage Centre, Clondalkin Library, and the Mill Shopping Centre, making it easy for clients to find us.
Whether you’re visiting from nearby areas like Ballymount, Baldonnell, or Adamstown, our central location ensures easy access for all your legal needs.
Located in the heart of Rathgar, Dublin 6
We provide efficient wills and probate legal services to individuals, families, and businesses in the local community. Our office on Terenure Road East, near well-known landmarks like the St. Luke’s Hospital, Bushy Park, and Rathgar Tennis Club, offers a convenient and accessible location for clients across Rathgar, Terenure, Rathfarnham, Ranelagh, Rathmines, and the wider South Dublin area.
We understand that legal matters can be complex, which is why we focus on delivering clear, practical advice tailored to your needs.
With a deep understanding of the ‘South Dublin’ community and its surrounding areas, we are committed to providing professional and approachable legal services. Our goal is to make the legal process as straightforward and stress-free as possible while achieving the best outcomes for our clients.
Please contact our Clondalkin office on 01 4030777 or our Rathgar office on 01 4990499 for a written quote.
Wills and Probate Frequently Asked Questions
What is Probate
It involves getting a document called a Grant of Representation from the Probate Office. Once this has been issued, it gives the applicant the authority to access the deceased’s assets and distribute their estate. Probate also ‘proves’ a Will, if there is one. This means the Probate Office is satisfied that the Will is valid and can be relied upon.
After a loved one dies, the idea of having to go through Probate can seem like an arduous task. However, Probate is ultimately there to protect the beneficiaries. Otherwise, there would be no accountability. Financial institutions would not know to who to release the deceased’s assets. Any ‘questionable’ Wills would also go undetected. Probate allows the courts to check that the Will is valid and that the deceased’s estate is administered by the correct person.
What happens if there is no Will?
Once authorised to act, an Executor or Administrator have the exact same powers. The estate of the deceased will pass under the Rules of Intestacy in the Succession Act 1965. If there is a Spouse and Children, the Spouse is entitled to two-thirds of the estate and the children one-third between them. If there is a spouse and no children, the spouse will take everything. If there is no spouse and only children, the children will take everything between them.
If a person dies without leaving a spouse or children, his estate passes to his parents. If his parents have predeceased him, his estate will pass to his siblings. If his siblings have predeceased leaving children of their own, those children take the share of their parent in equal shares.
If someone dies without spouse, children, parents, siblings or children of siblings, then their estate is distributed between their next of kin which is their closest relatives.
How do I know if Probate is Required?
Probate is not needed for ‘small’ estates, meaning the estate is not worth a lot of money. There is no set definition of a small estate. Banks and financial institutions set their own thresholds. Normally, an asset worth less than €25,000 will not be subject to Probate. However, you will need to check directly with the bank or financial institution holding your loved one’s asset. If they confirm that Probate is not necessary, the asset can be dealt with under the small estates procedure instead. This is when the asset is released to the next of kin, so long as an indemnity is provided.
It is not always obvious how much a deceased person’s estate is worth, and whether a bank or financial institution is willing to release the asset without a grant. This means a degree of investigative work may be needed to establish whether Probate is needed.
If the deceased does not have a small estate, you need to confirm exactly how he/she owned their assets. If they were owned as joint tenants with someone else – and that person is still alive – then they automatically pass to the surviving owner. This is permitted under a law called the Rule of Survivorship. It enables assets, such as the family home, to be directly inherited by a co-owner without a Grant of Representation.
However if the deceased owned assets in their sole name or as tenants in common, a Grant of Representation may be needed before the assets can be distributed to the beneficiaries. Therefore, Probate will be needed if the deceased owned a property in their sole name or as tenants in common or if the deceased owned other assets of significant value in their sole name or as tenants in common.
It may be the case that you are uncertain as to whether or not probate is required. In that scenario we would suggest you make an appointment for a consultation in respect of same.
Who applies for Probate?
If a Will has been made by the deceased, it should appoint an Executor or Executors. If these people are able and willing to take up the role, then they must be the ones to apply for a Grant of Probate. However, there are occasions in which the executors have already died, or are no longer able or willing to act. This might happen due to physical or mental ill health, or simply due to personal preference. If so, an administrator must be appointed instead. An administrator must also be appointed if the deceased failed to leave a valid Will in place.
There are strict rules about who is allowed to be an administrator. The law puts the deceased’s next of kin into an order of priority. This gives a spouse or civil partner the greatest right to act as an administrator. If this is not applicable, priority is given to the deceased’s children, followed by their parents, followed by their siblings, and so on. If there are any disputes as to who should act as the administrator, the Probate Registrar can decide.
How long will Probate take?
Often, the most complicated task is completing the Inland Revenue Affidavit. This requires you to list the value of all the deceased’s assets and liabilities at the date of death. It is also necessary to locate the beneficiaries and get their Personal Public Service (PPS) numbers. This can create delays if a beneficiary is missing or does not have a PPS number – perhaps because he/she is not an Irish resident.
Once the application has been submitted, you are then at the mercy of the Probate Office. The Probate Office usually has a significant backlog, so it may be a while before your application is actually processed. Figures released in 2018 found that waiting times vary considerably across the country. On average, a solicitor application in Dublin is currently taking 16-20 weeks.
Because of these factors, it is impossible to say exactly how long the Probate process will take. Some will be able to complete the paperwork and lodge an application shortly after the deceased’s death. If the Probate Office has few delays, a Grant could be issued within a matter of months. More commonly, the Probate process takes upwards of six months. For many, it will take a year or more.