Q. Can I Take Action If I Believe the Executor of a Will is not Acting in my Best Interests?
A. Yes. If the Executor of a Will is not acting in accordance with the terms of the Will, has failed to take steps to protect your inheritance or has failed to advise you properly on disputes with the estate, you do have a right to have your interests defended at law.
Should you need advice on protecting your inheritance, do not hesitate to call Adams & Partners Lawyers on (02) 47 226600.
Q. What is Probate?
A. Probate is the legal process of administering a deceased person’s estate. It involves proving that the last Will and Testament produced by the deceased’s Executor to the Supreme Court was in fact the deceased’s legal Will and resolving all claims made by people on the estate. Following this, the Executor will distribute the deceased person’s property in accordance with the terms of the valid Will.
Q. When is Probate Required?
A. Approximately only 10% of all Wills are required to go to probate. Generally, Probate will only be required when a deceased’s estate involves the transfer of a house or land to a beneficiary, or when a bank or other institution require formal proof of the executor’s right to administer the Will.
Q. What If Someone Dies Without Making A Will?
A. If someone passes without making a Will, they are said to have died ‘intestate’. In this instance, an administrator is appointed to the estate and distribution of assets occurs in accordance with the ‘Rules of Intestacy’ which will dictate who is entitled to a share of the deceased’s estate and to what extent.