Legal
What should I do when a loved one dies?
A guide to Ireland’s probate process Daireann Gibson advises Thinking about what will happen when a loved one dies is a topic that older people often prefer to avoid. This is natural and understandable to a large degree, but it is also an instinct that can lead to many people being unprepared for what to do when the worst happens, creating additional confusion and complications at what is already a stressful time. With the COVID-19 pandemic continuing to pose a real danger to public health, the Law Society of Ireland has noted a significant surge in the number of individuals seeking to make wills, suggesting that these issues are currently at the forefront of people’s minds. Having a valid and upto-date will in place is certainly a wise move - but for maximum peace of mind, it is also important to make sure you understand what you need to know when administering the will of a family member or loved one.
· When the person dies, the executor must apply to the Irish Probate Office for legal permission to start executing the will. This is known as a grant of representation, or most commonly a grant of probate · The grant of probate will authorise the executor to start the process of administering the estate. This means the assets of the deceased can be collected together, divided up and dealt with according to the contents of the will, while meeting all necessary legal obligations It is important to follow all of the steps carefully, taking expert advice from a solicitor when you are unsure about any of the details. If you make a mistake during the probate process, it can result in significant legal confusion, which could result to a number of negative outcomes: · There may be delays in the distribution of your loved one’s estate
In order to make this sometimes complex subject easier to understand, the legal experts at Gibson & Associates have created a new guide to Ireland’s probate laws to help you understand exactly what needs to happen when you are selected as the executor of a will. Here, we will explore some of the key points to remember, and give you a clearer idea of how the process works.
· The beneficiaries of the will may not receive the inheritance chosen for them
What are the basic steps of the probate process? If you have never handled any of the legal issues that come with writing or executing a will before, you may not understand the purpose of the probate process or how it should be handled. This can create significant legal complications when a loved one dies, which is why it is vital to at least have a strong understanding of the basic principles.
· As the executor, you could be held personally and financially liable for legal claims made against your loved one’s estate
In the simplest terms, the principle of probate works as follows: · Before someone dies, they should create a legally binding will to lay out exactly how their money, property and personal belongings collectively known as their estate - will be divided up after they die. The will should also include details of who will be responsible for looking after their family after they are gone · As part of the will writing process, the writer will specify one or more individuals to take responsibility for administering the will, ensuring their intentions are carried out according to the terms they have requested. Those nominated individuals are known as the executors of the will 72 Senior Times l September - October 2020 l www.seniortimes.ie
· The wishes of the deceased may end up being ignored or overruled · Legal conflicts could arise over the details of the will
All of these outcomes will create significant extra complication and stress at what will already be a distressing time for you and your family, which is why it is so vital to get this right first time. What are you responsible for when administering an estate? As the executor of a will, it is your duty to handle the probate process from beginning to end and ensure all of the beneficiaries receive their inheritance in a timely manner. In order to achieve this, you will need to fulfil the following responsibilities: · When the person dies, you will need to obtain the original will and a copy of the person’s death certificate, in order to provide proof that the probate process can now begin · You will need to comprehensively review all of the assets and liabilities of the deceased person, in order to work out what is owed, which prop erties need to be transferred, what taxes should be paid and any other steps that must be taken
