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How to locate missing next-of-kin during the probate process Dealing with a beneficiary who is named on a will but is now missing can be an awkward and time consuming situation for legal practitioners. Similarly, dealing with an intestate case where a family tree may need to be researched and verified to ensure correct distribution of the estate, can be a lengthy process. As the administration of an estate cannot be progressed until all beneficiaries are found, this can lead to long delays in the process for other entitled beneficiaries. In some cases, elderly or infirm legatees may miss out on their inheritance due to delays in administering the estate. Legal personal representatives of an estate have a legal and moral obligation to ensure that the proceeds of an estate are distributed in a timely manner to ensure the [...]

After a person has made a will, circumstances can change which may affect how a person’s assets and legacy can be distributed to their stated beneficiaries. As it falls to the legal practitioner administering the estate to resolve these issues, we spoke to Declan Whittle, barrister-at-law and an expert in probate and succession law in a recent webinar to look at some of the issues practitioners may encounter and how to overcome them. To view a playback of the webinar with Declan Whittle visit our webinars page. The webinar covers the areas of abatement, ademption, disclaimers, lapse and advancements. Nature of dispositions Devise – real property Legacy – personal property Sub sets: Specific - Gift of a particular item that is distinguishable from all other things. Can be adeemed   General - Not specifically identified eg. €1,000 to Joe [...]

In one of our most recent webinars we spoke to Richard Hammond SC from Hammond Good Solicitors about will writing for solicitors and it’s proved one of our most popular lectures. Many solicitors have since been in touch to say they found the webinar particularly useful. To watch the webinar visit our webinar page and if you would like to view the slides that accompany this particular webinar email [email protected] to request. Here, we've put together 21 tips that may help solicitors when drafting wills for their clients. Tip Number 1: Consider the risk In almost all other work a solicitor will carry out for their client there will be a limitation to the risk, whether it’s the value of the property the client is buying or the cost of an employment contract that could go wrong. When drafting [...]

In a year that saw many changes for businesses in 2020, probate solicitors in Ireland faced one of the biggest changes to affect the process of applying for probate; the introduction of the SA2 form to replace the old Inland Revenue Affidavit (CA24 form). With the Probate Office reporting error rates of 60% on probate applications, the main aim of the new SA2 form was to reduce error rates and speed up the efficiency of the application process. To do this, the process moved online. In a recent webinar with Erin Research, Mark Bradshaw of the Revenue Commissioners gave an update on the form and application process to help with questions or queries probate solicitors may have since the new process was introduced. An original webinar on this topic can be found here  (dated 3 September 2020) and a [...]

Erin Research regularly run webinars covering important areas of probate practice in Ireland. As professional probate genealogists, much of our work entails tracing heirs or missing next-of-kin, often in cases where a person may become incapacitated or dies intestate. In a recent webinar we looked at the enduring power of attorney – which is a legal document whereby a person sets out their preferences for who will manage their affairs should they become incapacitated. As this can be a complicated and at times fraught matter for clients, their families and solicitors alike, you may wish to watch our webinar back with David Hickey, Partner at Curry & Hickey Solicitors, a boutique firm specialising in this area. You’ll find the webinars here. What is an Enduring Power of Attorney? An enduring power of attorney (also known as an EPA) is [...]

Trusts can be set up for a number of reasons and provide a useful tool and solution to complexities that may arise in estate planning. Ultimately an estate plan provides an orderly and tax efficient transfer of assets and wealth between individuals, typically to the next generation – i.e. from parents to children. An estate plan can also encompass some life time giving and a will that will deal with an estate, upon the death of an individual. This may include a plan for gifts, inheritance, and the taxation consequences that would arise. Trusts are very effective in helping to protect both the assets and people involved. They may be used to: Protect family assets for future generations Allow funds to be managed on behalf of a person who may be incapacitated or unable to manage assets alone Provide [...]

In Ireland, there is no automatic right to any share in a deceased parent’s estate if they die testate – that is, having made a will. If a child feels they have been left out of a will or has a case to take to seek further provision, the legislation that allows this is Section 117, Part IV of the Succession Act. This section deals with the essential validity of a will - the entitlement of a testator to leave assets. It gives the right for an applicant to apply to a court to have the court decide whether it should award an amount from the estate. Testate The Deceased must have a valid will for an application to be brought under this legislation. An applicant has six months to bring proceedings should they wish to challenge a will. [...]

Erin Research works with solicitors to help trace next-of-kin, beneficiaries and confirm family trees, usually in cases where a person has died and an Estate is being distributed. On occasion, Erin Research is tasked with finding next-of-kin for a person who is still living, a person who may be a Ward of Court. When a person is deemed unable to manage their assets due to mental incapacity, an application can be made to the courts to make them a Ward of Court. The court will make a decision as to whether the person should be made a Ward of Court and if so, a Committee will be appointed to control the asset’s on the person’s behalf. Ward of Court cases can be complex and difficult. They can be upsetting for the person themselves as well as those who are [...]