Frequently Asked Questions
Here is a small selection of questions we are asked frequently, but please contact us with anything else you wish to ask.
When someone dies, how is their property dealt with?When someone dies, all their assets, finances and property (known as their 'estate') are effectively frozen until their Personal Representatives (PRs) have obtained a formal Grant of Representation to show that they have the right to deal with the estate. In some cases, when couples held everything in joint names or where an estate is small, this formality may not be necessary. The PRs deal with, or 'administer', the estate, paying any debts and expenses and distributing any gifts, legacies and residue in accordance with the Will, or if there is no Will in accordance with the Rules of Intestacy. |
What is a Grant of Probate?A Grant of Probate is a document issued by a department of the High Court, the Probate Registry, in cases where the person who has died left a valid Will. It gives the Executors named in the Will proof of their right to administer the estate. |
What are Letters of Administration?If there is no Will there is no-one with immediate authority to act and an application must be made by one or more of the person's nearest relatives for a Grant of Letters of Administration. The law sets down the order in which the relatives are entitled to apply for the Grant. Once issued, it gives the person or people named (known as Administrators) authority to administer the estate. |
Do I need a solicitor to help me administer an estate?Depending on the circumstances, the burden of responsibility on the PRs can be high. Getting advice from a solicitor can ensure that the administration proceeds as effectively and as quickly as possible. A solicitor can help to safeguard against the possibility of problems arising once the estate has been distributed to the beneficiaries, such as the subsequent discovery of unknown liabilities, and advise the Executors or Administrators on how to avoid personal liability. |