Probate

NUTLEY BOY

Assume that I am an executor under a will and that the estate is completely uncomplicated.

Do I really need to instruct a solicitor to administer the estate or can this be done on a DIY basis ? Any guides available to consult on this ?

Likewise, if there is property to be inherited under the will and conveyed to a benificiary under that will is a solicitor actually required to do the conveyancing ?

ecodub

NUTLEY BOY wrote:

Assume that I am an executor under a will and that the estate is completely uncomplicated.

Do I really need to instruct a solicitor to administer the estate or can this be done on a DIY basis ? Any guides available to consult on this ?

Does anyone know the answer to above questions

Interested

Rhonda9000

NUTLEY BOY wrote:

Assume that I am an executor under a will and that the estate is completely uncomplicated.

Do I really need to instruct a solicitor to administer the estate or can this be done on a DIY basis ? Any guides available to consult on this ?

Likewise, if there is property to be inherited under the will and conveyed to a benificiary under that will is a solicitor actually required to do the conveyancing ?

Just curious, what is the reason behind avoiding a solicitor?

mr.twist

I Would guess the same reason anyone wants to avoid the middleman (solicitor)= COSTS


In answer to above question- i dont think a solicitor has to - usually there is a trustee involved and usually this is a solicitor - but i would think that a trustee - whether a solicitor or not can administer the estate.

However i would say get a solicitor. This area can be complicated re tax, rights etc.

Hi52

The short answer is yes but even a simple looking estate can end up being pretty complicated. Be warned!

The staff in the seat office (the probate office in phoenix house) are very helpful and give you pretty good instructions. My mother administered my fathers estate with no problems. Would check out the oasis website for possible guides.

as for selling the property, while you could do it yourself I wouldn't advise it. Contrary to popular belief, it's a complicated enough process!

Rhonda9000

The costs for administering the estate are deducted from the estate. Shop around and get it done for a reasonable price. It is done properly and if it isn't it's somebody elses responsibility. I would think it would be extremely stressful for somebody that didn't know the going on strips.

Just my $0.02

Jo King

An executor is deemed to be a trustee for the beneficiaries of the estate. There are onerous obligations on trustees and they may have to compensate the beneficiaries out of their own pockets if they fall short of the standard expected. If a solicitor is instructed the onus shifts to the solicitor, who should have professional indemnity insurance.

templetonpeck

NUTLEY BOY wrote:

Assume that I am an executor under a will and that the estate is completely uncomplicated.

Do I really need to instruct a solicitor to administer the estate or can this be done on a DIY basis ? Any guides available to consult on this ?

Likewise, if there is property to be inherited under the will and conveyed to a benificiary under that will is a solicitor actually required to do the conveyancing ?

1. No you don't need a solicitor to administer the estate. You need to get on to the Revenue Commissioners and get an Inland Revenue Affidavit. Accumulate details of all bank accounts, life polices, assets, debts and liabilities and detail them all on the IRA and sign this in front of a solicitor/commissioner for oaths and send it back into the Rev Comms.

While that being dealt with by the Rev Comm's you need to get on to the Probate Office and they'll send you the appropriate Oaths etc to be filled in and signed in front of a solicitor.

When your IRA comes back from the Rev Comm's send that and all your docs and the original will into the Probate Office and they'll send you back the Grant of Probate.

It sounds easy, but it ain't, but it absolutely can be done without a solicitor.

2. As regards the sale of property, if the property is Land Registry it should be easy enough, as long as the beneficiary doesn't start instructing solicitors to inspect Title etc. If you have the Title Documents see if there's a Folio number or Land Certificate. If there is, get onto the Land Registry and they should be able to help you out, by sending you the correct precedent forms. Though you'll need the patience of a saint, tryna get info from them.

Good luck