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There is no automatic transfer of assets following death.
In many cases property is held jointly prior to death and that property will transfer under the principle of survivorship provided that was the intention of the joint owners.
Other than joint property passing by survivorship assets must be transferred under the terms of a written Will or on intestacy (where there is no Will). The criteria for drafting a Will are set out in the 1965 Succession Act (Part VII). The rules on intestacy (where there is no Will) are also set out in the 1965 Succession Act (Part VI).
There is no requirement for a Will to be registered in this jurisdiction
The 1965 Succession Act contains a number of restrictions on the disposal of assets by way of Will (Part IX Legal right of testator’s spouse, civil partner and provision for children).
The 1965 Succession Act sets out who inherits in the absence of a will and in what proportions (see Part VI).
The issue of Grants of Probate where there is a will and the issue of Letters of Administration where there is no Will are overseen by the Dublin based Probate Office and fourteen District Probate Offices based in other geographic locations. The Probate Office and the District Probate Registries are offices of the Irish Courts Service. Grants of Probate are issued to an Executor(s) where there is a Will and to an Administrator where there is no Will.
These issues are dealt with outside the formal probate process as part of the administration of a deceased person’s estate. Usually dealt with by a suitably qualified legal representative
These issues are dealt with outside the formal probate process as part of the administration of a deceased person’s estate. Usually dealt with by a suitably qualified legal representative
These issues are dealt with outside the formal probate process as part of the administration of a deceased person’s estate. Usually dealt with by an suitably qualified legal representative
Other than the issue of a Grant of Probate or Letters of Administration all other matters relating to the administration of a deceased persons estate are dealt with by the Executor(s) or the Administrator(s) without any further inputs from the Probate Office or the District Probate Offices. The main function of an Executor or an Administrator is to distribute the assets of the deceased. The assets are distributed in accordance with the wishes of the deceased as set out in their Will or if there is no Will in accordance with the provisions of the 1965 Succession Act.
The concept of heirs is not known to Irish law. The term beneficiary is used to describe a person who inherits an asset from a deceased person
Debts can be payable in a deceased persons estate but the Executor(s) or Administrator(s) are not personally liable for those debts.
There are numerous statutory provisions in place which set out the requirements for transferring immoveable property. However those provisions are not part of the probate process.
Grants of Probate or Letters of Administration are only issued on request. There is no mandatory requirement to take out administration.
If there is a Will it will normally be the Executor(s) who was appointed by the deceased in his or her Will. In an intestacy situation the person will be determined by the provisions of the 1965 Succession Act.
Executors and Administrators have full powers without any court intervention to administer the estate of a deceased person. If any issues arise during the administration Executors and Administrators can apply to the High Court for appropriate orders.
In the case of a Will a Grant of Probate will be issued. In the case of an intestacy Letters of Administration will be issued. Ireland exercised it’s opt out for this area and is therefore not currently bound by the Regulation.
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