Grants of Probate / Letters of Administration

The loss of a family member or friend can be a particularly difficult time, and we aim to make the legal process thereafter as straightforward as possible.

The process of having a Grant of Probate or Letters of Administration extracted is necessary when a person dies leaving assets, either having executed a Will or without a Will, otherwise known as testate or intestate.

Grant of Probate/Letters of Administration – if the deceased made a Will during their lifetime, a Grant of Probate may be extracted through the Probate Office, and if the deceased did not make a Will, an application to extract Letters of Administration may be made. All necessary documentation is submitted to the Probate Office and they will issue a Grant of Probate or Letters of Administration once satisfied that the correct documents have been lodged. Once a Grant of Probate or Letters of Administration are extracted, the Estate can then be administered in accordance with the last Will and Testament of the deceased, or otherwise.  Until such time as the Grant of Probate or Letters of Administration are extracted, the Executor/s do not have authority to distribute any funds in the Estate.

Executor/Legal Personal Representative

The role of the Executor or Legal Personal Representative is to distribute the Estate in accordance with the deceased persons wishes as per the terms of the Will, as soon as reasonably possible bearing in mind the nature of the Estate. In particular, the Executor is obliged to ensure that the deceased is tax compliant and such clearance must be obtained from the Revenue Commissioners. In circumstances where a beneficiary is liable for Capital Acquisition Tax, or where Capital Gains Tax arises then these taxes must be discharged also before the Estate is distributed.  Similarly, the Executor must ensure all debts of the Estate are discharged prior to distributing the assets of the Estate.  Such liabilities may include monies owed to the Health Service Executive or overpayment of pensions or state welfare or otherwise. We at LMC Law, Solicitors have valuable experience and can simplify the process for the Executor.

In some instances, disputes can arise in connection with a Will and its validity and these can give rise to claims against the Estate. For example, the following disputes may give rise to a claim against an Estate.

  • Where a Will has not been properly executed
  • Where there is a dispute as to interpretation of a Will
  • Where the children of a Will have not been properly provided for in accordance with the deceased persons means
  • Where the legal right share of a spouse is in dispute
  • Where the deceased lacked capacity or was influenced unduly when making a Will

LMC Law, Solicitors are experienced in advising in relation to bringing proceedings to challenge the Estate and in the alterative to defending such proceedings where necessary.

We also provide advice in relation to the following;

  • Multi-jurisdictional Estate
  • Disclaimers
  • Renouncing Rights as an Executor
  • Insolvent Estates
  • Deeds of Family Arrangement

Should you require more information, please feel free to contact us on 01 8422919  or email us at