Probate – Sweeney McHugh Solicitors

How much does a solicitors charge for Probate in Ireland?

When a loved one passes away, there are a number of legal processes that must be followed to distribute their estate to the beneficiaries. One such process is obtaining a Grant of Probate, which is a legal document that gives the executor of the estate the authority to deal with the deceased person’s assets. A similar process occurs without a will to obtain a Grant of Administration.

In Ireland, it is common to hire a solicitor to help with the probate process, including applying for and extracting the Grant of Probate. However, it is important to understand the legal fees associated with this process, as they can vary depending on the solicitor and the complexity of the case.

The fees charged by a solicitor for extracting a Grant of Probate are typically based on the value and complexity of the estate. In general, solicitors will charge either a fixed fee or an hourly rate for their services.

Fixed fees are often used for simpler cases where the value of the estate is relatively low and there are no complications. This fee would cover all of the work required to obtain the Grant of Probate, including preparing and filing the necessary paperwork with the Probate Office.

Hourly rates, on the other hand, are more commonly used for more complex cases where there are a lot of assets, disputes among beneficiaries, or other complications. Hourly rates can vary widely depending on the solicitor and their level of experience.

In addition to these fees, there may be other expenses associated with obtaining a Grant of Probate. For example, there is a fee payable to the Probate Office based on the value of the estate, which can range from €100 to €650+ depending on the size of the estate. There may also be additional expenses such as fees for valuing assets, court fees, and other disbursements.

The fees quoted for extracting a Grant of Probate, or applying for Grant of Administration do not typically include any fees incurred for a subsequent sale of property. Additional fees may also apply for subsequent applications to transfer properties into the names of beneficiaries and in respect of the preparing and filing of an inheritance tax return.

It is important to carefully review any quotations received for fees to ensure it covers all work required to be undertaken.

At Sweeney McHugh Solicitors we have extensive experience in Probate and the administration of estates. Please feel free to contact us for a no-obligation quotation.

Why should you make a will?

WHY MAKE A WILL?

Making a will is a task that many people may overlook, but it is an important legal document that everyone should have in place. In Ireland, having a will is particularly important as it helps ensure that your wishes are carried out after you pass away. There are several reasons why you should make a will in Ireland, and in this article, we will explore some of the key reasons.

To ensure your assets are distributed according to your wishes

One of the main reasons to make a will in Ireland is to ensure that your assets are distributed according to your wishes. Without a will, your assets will be divided according to the laws of intestacy, which may not reflect your desires. By making a will, you can specify who should receive your property, money, and possessions after your death, and in what proportions.

To appoint an executor of your choice

Another important reason to make a will in Ireland is to appoint an executor of your choice. An executor is responsible for managing your estate after your death, and ensuring that your wishes are carried out. By appointing an executor in your will, you can choose someone you trust to handle your affairs and make important decisions on your behalf.

To provide for your loved ones

Making a will in Ireland also allows you to provide for your loved ones after your death. You can specify who should receive your property, money, and possessions, and in what proportions. You can also include provisions for your children, such as appointing a guardian if they are under 18, or setting up a trust for their education or other needs.

To reduce the risk of disputes

Making a will in Ireland can also help reduce the risk of disputes among your loved ones after your death. If you die without a will, your assets will be divided according to the laws of intestacy, which can sometimes result in disagreements among family members. By making a will, you can clearly specify your wishes and reduce the risk of disputes and conflicts.

To ensure your wishes are carried out

Finally, making a will in Ireland ensures that your wishes are carried out after your death. Without a will, you have no control over how your assets are distributed, who manages your estate, or who takes care of your children. By making a will, you can ensure that your wishes are carried out and your loved ones are provided for.

In conclusion, making a will is an essential task that everyone should undertake. It allows you to ensure that your assets are distributed according to your wishes, appoint an executor of your choice, provide for your loved ones, reduce the risk of disputes, and ensure your wishes are carried out. In Ireland, making a will is particularly important, and it is recommended that you seek the advice of a solicitor to ensure that your will is valid and reflects your wishes.

Sweeney McHugh Solicitors can assist you in the process with making a will. Contact our office for an appointment with one of our solicitors to discuss further.

At what point do you get a Solicitor when selling a house?

At what point do you get a Solicitor when selling a house?

The short answer: it is usually never too early!

One of the typical questions when selling a house is how long will a transaction take after a sale has been agreed. This can be difficult to answer, especially if you are acting on behalf of a purchaser because not all vendors are ready to sell their house despite having put the property on the market.

Sales are delayed in progressing a lot of the time because necessary documents are not readily available. For example if a vendor has an outstanding mortgage against the property being sold then the deeds to the property are typically held by a bank. It varies from bank to bank as to how long it takes for them to release the deeds to a solicitor to facilitate a sale of the property. This can case a delay of between 1-4 weeks in itself.

Further delays can occur after deeds are released to the vendor’s solicitors because the title documents may be incomplete or have elements that require to be updated. It is common to assume that all necessary documents should have been obtained when a property is purchased and be part of that property’s title deeds. However, the requirements for a sale of a property vary due to changes in the law and current practices. Therefore it can occur that a vendor is asked to provide additional or amended documents after the deeds are released by the bank.

Ideally therefore if you have decided to sell your house a call through to your solicitor should be made at the same time or even before you make contact with your auctioneer/estate agent. This would allow the solicitor carry out the necessary preparatory work so that you are hopefully “contract ready” when a sale is agreed for the property.

“Contract ready” means that the necessary information has been obtained that would allow a Contract to be sent to a purchaser’s solicitors immediately after a sale is agreed. While every transaction varies, being contract ready should help reduce the time required for the matter to complete.

Sweeney McHugh Solicitors are happy to advise a prospective vendor as how best to prepare for a sale of a property to include a full review of title and ancillary documents and to confirm if you are “contract ready” in respect of your property. If you would like assistance in this regard please contact us on 0749521115 or by email on info@sweeneymchugh.ie .

We can provide appointments in person, by telephone or video call where required.

Declan McHugh, Managing Partner.

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