What are the facts when it comes to Irish probate? The website probate.ie put together an article tackling the ins and outs of the process for anyone to whom it applies.

Myth number one is that you need a solicitor to apply for probate. This is not true, as you can make personal applications to the Probate Office, which will assist with personal applications but are unable to provide legal or tax advice. Most people will choose a solicitor because the process can be time-consuming and confusing for those who are unfamiliar with it.

‘Should more than one executor be appointed, they must all act’ is myth number two. Sometimes, parents will appoint all their children as executors, but an executor can choose whether to accept the role or not. They can renounce their right to act or renounce their entitlement to act. A court order is needed, however, if someone decides to act as an executor and then changes their mind.

Remuneration of executors

Myth three surrounds the remuneration of executors. Do they get paid for acting as executors? Not necessarily. This depends entirely on the testator. That person might choose to insert a clause in their will specifying that the executor is paid for estate administration. This does not happen often. Other people choose to hire professional executors who are paid through the charging clause in the will.

Once the grant of probate is issued, the will is a public document. Myth number four is not a myth, it’s true. The Irish Probate Office holds records for grants it has issued over the past 20 years. The records are kept at the National Archives and can be inspected in the reading rooms in Dublin.

People gathered around a grand dining table as a solicitor intones the content of the will is a common scene in films/TV shows – usually crime shows where the will reveals motives for murder! But the reading of the will is not a legal requirement. Myth number five busted. Once probate is granted, the appointed executors proceed to administer the estate according to the wishes of the deceased.

Entitlement to copies of the will

Myth number six is that the next of kin are entitled to receive a copy of the will after the death of their relative. The only person entitled to see the will is its executor. Those who have not been appointed as executors can ask to see the will. But beneficiaries listed are not automatically entitled to see the will, though executors will often show them an extract relating to the inheritance they are due to receive.

Myth number seven—all I have to leave behind is the family home, so I don’t need a will—is true. If an estate comprises just the family home, and that is held in a joint name or with joint tenants, then the property passes automatically to those named.

 

Finders International Ireland trace missing beneficiaries to estates, properties and assets. To find out more, you can visit our website. Alternatively, you can email [email protected] or telephone +353 (0)1 5676940.