Administration of wills and estates

In most cases a grant of representation is required to deal with the estate of a person after their death.  

The personal representative of the estate is responsible for applying for the grant and administering the estate of the deceased. However, few people appreciate the complexity of the role and the time it requires.  Lavelle Partners possess decades of experience in administering estates. We advise on all aspects of the administration and assist the personal representative in carrying out their functions in an efficient and timely manner whilst achieving an optimal outcome for beneficiaries.  We have expertise in dealing with all types of estates ranging from simple to complex estates, Irish only to international estates and estates incorporating trusts.

Our solicitors will provide tailored advice in a sensitive manner to ensure that the estate is managed with efficiency and meticulous care. Our solicitors’ extensive knowledge of the process of obtaining a grant of representation alleviates frustrating delays with your application.

What are the responsibilities of the personal representative?

On death, it is the role of a personal representative to take responsibility for the remaining estate.  A personal representative is called an ‘executor’ if they are named as such in the will, or an ‘administrator’ if no executor is named (or if no will exists).

The duties of a personal representative are extensive and include (but are not limited to) some of the following:

• Locating the will or carrying out adequate searches to verify that no will exists.
• Protecting the assets of the estate, e.g. making sure there is proper insurance in place.
• Securing the property, cash, and assets.
• Valuing the estate, this includes land, houses, shares, bank accounts, and vehicles.
• Apply for a grant of representation.
• Paying any debts and taxes on behalf of the estate.
• Paying inheritance tax where benefeciaries are non-resident.
• Notifying beneficiaries of their entitlement.
• Preparing estate accounts.
• Ensuring there are no claims against the estate.
• Distribute the estate in accordance with the will or rules of intestacy.

How long does it take to obtain a grant of representation?

The law allows one year for known as “the executor’s year” for a personal representative to allocate to beneficiaries that which they are owed under the estate.  However, much depends on the size and complexity of the estate and factors such as the ability to identify and locate beneficiaries or wherhe there is litigation against the estate.

By instructing Lavelle Partners, you can be confident our team has the knowledge and experience to deal with your estate in a timely manner, regardless of its complexity. 

Why choose Lavelle Partners for wills and estate administration?

• We understand the business of administering an estate and can quickly identify issues before they cause a delay to the grant of representation.  Although an executor cannot delegate responsibility for their duties, by instructing us you can be confident that you are receiving bespoke, prudent advice.
• Our firm is partner-led, meaning you can be confident a senior Solicitor is managing your matter whilst being supported by others.
• By instructing our team, you can rest assured that you will be guided through all key decisions required for the administration of the estate, and that these are lawful and in the best interest of the beneficiaries.  Ultimately, we will work tirelessly to ensure your duties are performed with the utmost diligence.
• The role and duties of  the personal representative is an extremely onerous one. Our Firm will guide you efficiently through the administration of the estate and ensure your duties are performed with the utmost diligence as executor and guide you through the process.

For further information regarding administration of wills and estates in Ireland, please contact our wills and estate planning department on 01 644 5800.