Understanding Probate and Trusts in Ireland | Synnott Lawline

There are three main types of Grant

There is a Will
If there is a Will then the Executor (the person named in the Will who has the job of carrying out the terms of the Will) applies for a Grant of Probate.

There is NO Will
If there is NO Will (if the deceased dies intestate), or if no Executor has been appointed or the person that was appointed cannot act then an Administrator may be appointed and they can take out Letters of Administration. It is usual that the nearest living relatives will be appointed as Administrators.

Valid Will
If the appointed executor cannot fulfill their role for any reason, the person who is supposed to inherit the remaining assets (the residue) as per the will can apply for permission from the court to handle the estate. This legal permission is called a “Grant of Letters of Administration with Will Annexed.” It ensures that the deceased person’s wishes, as outlined in their will, are still carried out, even if the originally appointed executor cannot do so.

When is it necessary to extract a Grant of Probate?

You must apply for a Grant of Probate if the deceased…

1. Leaves behind land or property
If a person dies leaving land or property solely in their name, it is necessary to apply for a Grant of Probate to enable the property to be sold or transferred to the new owner.

2. Leaves money in bank account
If a person has died leaving money in a bank account or building society, it might be necessary to obtain a Grant of Probate. Whether the Grant is required depends on the amount of money in the account or building society. It is advisable to contact the relevant institution to ask whether they will need the Grant. Generally, if the amount exceeds €10,000, the institution will require a Grant before transferring any funds.

3. Leaves a joint account
If a deceased person dies leaving a joint account, it might be necessary to obtain a Grant of Probate, as the money in the joint account may not automatically pass to the surviving account holder. The outcome will depend on the reason the account was opened, who had control of the account, who paid into the account, etc. Again, it will be necessary to check with the institution concerned to see whether they will require a Grant.

4. Owns property in joint names
In most cases where the deceased owned property in joint names at the date of death, the property will pass by survivorship to the surviving joint owner, and in this situation, a Grant of Probate will not be necessary. However, it is important to remember that not all joint ownerships are simple, and there may be situations where a Grant will be required.

5. Owns assets in a foreign jurisdiction
If the deceased was living in Ireland at the time of their death but owns assets in a foreign jurisdiction then it may be necessary to take out a Grant in Both Ireland and in the foreign jurisdiction where the assets are situated.

What happens if the deceased has no assets?

Where a person has died leaving behind no assets then a Grant of Probate will not be necessary.

How do I apply for a Grant of Probate?

An Executor or Administrator can apply to take out a Grant by employing a Solicitor to deal with the whole process or make a personal application for probate/administration. The involvement of a Solicitor although optional is advisable, especially when dealing with a large or complex estate. Extracting a Grant can be a complicated process and therefore the knowledge and expertise of a Solicitor can be very beneficial and help to alleviate the Executor of unnecessary stress.

To make a personal application the Executor must attend in person at the Probate Office and it must be borne in mind that the Probate Office has the discretion to refuse to allow an applicant be accompanied by an advisor. It is important to note that an Executor of an estate may be sued by the beneficiaries if the estate is not distributed within one year and the Executor is under a duty to preserve the assets of the estate until such time as they are distributed.