Probate

Probate is the process of dealing with and administering a deceased’s estate. An application must be made to the Probate Office to obtain a Grant of Probate before the deceased’s assets can be administered and Corcoran & Company Solicitors are here to assist with each step in the process.

Why use Corcoran & Company Solicitors to administer an estate?

  • we provide you with an upfront fixed fee so there are no nasty surprises;
  • we provide a professional yet friendly service and we are here to answer all queries you may have – Who is entitled to what? When? Who pays the funeral bills? Can I get an advance?
  • we complete the onerous paper work;
  • we keep you informed at all junctures; and
  • we work in a timely manner to ensure that the estate is administered as quickly as possible.

Wills

A Will is a written document expressing how you wish to have your assets divided following your death. A Will is one of the most important documents that you will ever write.  There are a number of legal formalities that must be complied within order to ensure that your Will is validly made.  Accordingly it is important that you consult an experienced legal professional when making a Will.

Reasons for making a Will:

  • a properly written Will permits you to provide for your loved ones following your death; and
  • failure to make a Will results in the Laws of Intestacy applying to your estate. This may result in your estate being divided in a way that is against your wishes.

At Corcoran & Company Solicitors we ensure that making a Will is a straight-forward and efficient process. Typically making a Will requires two fifteen minute consultations at our office after which you can rest assured that your last wishes in relation to your estate have been validly recorded.

RECENT CASES / DEVELOPMENTS

Update: January 2016

Probate – Application to Admit Copy Will to Probate

Application to admit to probate a copy of the will of the deceased Mary McDermott in circumstances where the original of will had been lost or mislaid.

Applicants claimed that sufficient evidence existed to rebut the presumption that the original will was destroyed with the intention to revoke it.

Respondent was the sole surviving sibling of the deceased and was entitled to succeed on intestacy to the entire of the deceased’s estate.

Deceased’s original will executed in 1998 bequeathed her share of a dwelling house to her sisters for their respective joint lives and the remainder interest together with the residue of her estate to her four step-children with whom she had a close relationship.

Question which arose for consideration was whether evidence that loss of original will imputed a destruction and / or destruction with the intention to revoke the original will.

Held, order admitting a copy will to probate granted as the evidence pointed to it being improbable that the deceased would have elected to die intestate and thus to have denied her stepchildren the benefit of monies which she inherited following the death of her husband.

For more information see: McDermott, Mary, in re estate of:  Dermot and Eleanor McDermott v Sarah Kennedy, a ward of court


Probate – Application to Admit Copy Will to Probate

Application to admit copy will to probate in the absence of the original will.

Applicants claimed that there was evidence to rebut the presumption that, in the absence of the original will, the deceased had destroyed it with the intention of revoking it.

Deceased died divorced and without issue, leaving a surviving brother and fifteen children of four pre-deceased brothers as persons entitled to her estate on death intestate.

Deceased had made a “home made” will in 1998 in her own handwriting, a copy of which was found after the deceased died. Copy will made a number of specific pecuniary bequests  and devised her interest in her home to her brother and two nephews and the residue to all of her nephews and nieces equally.

Evidence was produced that the deceased intended to update her will but had not done so. Evidence was also produced of cognitive impairment with gradual deterioration between 2008-2010.

Held, presumption of destruction with intention to revoke engaged. The deceased did express disquiet about the contents of the 1998 will in writing and to her solicitor. The application to admit the copy will to probate was refused.

For more information see: Curtin, Carmel, in estate of, application by Kathrein Curtin, Kieran Hughes and Joseph Curtin named in the last will and testament of Carmel Curtin, deceased.


Probate – Conflict of Interest of Personal Representative

Plaintiffs sought an order to revoke the grant of letters of administration de bonis non dated 31/8/2011 of the estate of the deceased on the grounds that the Defendant was conflicted in his role as personal representative and had failed to administer the estate properly.

Defendant claimed that he and the wife of the deceased – now also deceased – acquired title of the deceased’s lands by adverse possession and that his acquired possessory title defeated the interests of the plaintiffs.

Held, Defendant was not in a position to properly discharge his duties as a personal representative as there is a serious and indefensible conflict of interest situation in his role as personal representative.

Order granted removing the Defendant as legal personal representative of the deceased.

For more information see: Dunne, Arthur and others v William Dunne

Phone: (01) 561 7900
12 Thorncastle Street, Ringsend, Dublin 4, D04 W2K2
info@corcoransolicitors.com