Irish Probate is a legal process that allows a person known as the executor in Ireland to deal with a deceased person’s assets. Irish probate dictates that the authority to deal with a deceased person’s assets is given in the form of a document known generally as a grant of representation which appoints the executor and sets out their instructions by the deceased commonly known as a will.
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Irish probate dictates that if a person dies with a valid will and has appointed an executor, then that executor will get a grant of probate for the estate from the Probate Office. The executor must deal with the person’s assets in the manner laid out in the will. The executor has the first right to ‘prove’ a will (establish that the will is valid so as it can be carried out). If an executor does not wish to ‘prove’ a will, he/she can renounce or reserve the right according to Irish probate law. Anyone with two or more executors can apply for the grant of probate. They may apply jointly.
Can be sought if a person dies in the absence of a valid will. In this instance, Irish Probate Law dictates that the assets are dealt with by a person known as an administrator. In general, Irish Probate dictates that the person/people entitled to this grant to become an administrator are usually one or more of the nearest living relatives.
According to Irish Probate – This document is issued if a person dies with a valid will – however an individual other than the executor is trying to apply for the grant. If the executor is unwilling or unable to act or has died, or the will does not appoint an executor, then this grant will be given. The usual applicant is whoever is entitled to the residue (this refers to the remainder in a will after all other debts and gifts have been settled).
If an individual dies leaving behind him/her a property/land in his/her name (as the sole owner), then Irish Probate Law dictates that it is necessary to apply for probate so that the property/land can be sold or transferred into the name of another person.
If the deceased left money in a bank or any type of financial institution then under Irish Probate Law, a grant of representation may be required. The institution in question should ideally be contacted by the executor or next of kin to establish what is required.
On a positive note, according to the Irish Probate – if a person dies leaving a house and/or land that he/she owned jointly with another, then that house and/or land may automatically pass to the surviving joint tenant. If that is the case, usually there is no need for a grant. However, in some joint ownerships property will not automatically pass to the other surviving owner. If a person dies leaving money in a joint name account, then a grant may be necessary due to the fact that the money may not automatically pass to the surviving account holder – it depends on the type of account and on the reasons for which the joint account was opened.
These are the predictable Irish Probate stages in the administration of an estate:
According to Irish Probate Law – The Irish estate cannot be distributed unless the deceased person’s tax affairs in Ireland are in order. On receipt of formal instructions to act Probate Ireland will send you a precedent and authority on this subject.
(If the aggregate value of Irish bank accounts etc exceeds €100,000, the Irish Revenue needs to be satisfied as to the source of the funds and the proper accounting for tax in relation to that source)
The steps above concerning Irish Probate & Grants of Probate from abroad is a simplified initial list to help matters to be moved forward.
A list of requirements specific to any particular case will be prepared when Probate Ireland receive the above initial requirements.
Always seek prompt legal advice in matters such as this.
Example: If liability for tax arises there are penalties attached to a delayed payment.
You will see that the process is a little heavy in terms of paperwork but our aim is to complete the assigned work with minimum delay and minimum inconvenience to you.
On receipt of the above, a solicitor will be able to let you have an estimate of fees and a note of the further requirements specific to your particular matter.
Until quite recently, all of the countries of the world have had different rules dealing with succession rights (that is the rules relating to inheritance whether testate or intestate). However, since the creation of the Succession Regulation (EU) No 650/2012 on 17 August 2012, all that has changed for 24 of the member states of the European Union (with the addition of Croatia on 1st July 2013). The Regulation aims to harmonise the laws relating to succession throughout the European Union. Although in force, the Regulation will only apply upon the deaths of residents of the Succession Countries* (listed below) after 17 August 2015.
The stated aims of the European Parliament’s Directorate-General for Internal Policies which were dealing with succession rights included:
1. The adoption of the concept of “habitual residence” (in lieu of nationality or domicile) as the most important criterion in determining the jurisdiction and applicable law in inheritance and succession matters.
2. The general rule of habitual residence can be overridden by the individual testator or testatrix by the use of the concept of “party autonomy” so that “the testator is allowed to designate his national law as the law governing his succession as a whole, by expressing his choice expressly and in testamentary form.” In other words, unless an individual’s will states the national law to be applied, the succession law of the country in which they were habitually resident at the time of their death will apply.
3. Universal application of the same succession rules so Article 20 of the Succession Regulation provides that any law specified by the Regulation shall be applied whether or not it is the law of a Member State.
4. The Succession Regulation adopts the principle of the unity of the succession. As a result, the law applicable to the succession will govern the succession as a whole, regardless of the nature of the assets (movables or immovables).
5. The creation of the European Certificate of Succession, which is a standard form certificate designed to enable heirs, legatees, executors or administrators to prove their legal status and/or rights in any or all of the Succession Regulation Countries.
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