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Wills and Administration of Estates - Probate

Kenny Associates Solicitors offers advise on all aspects of will-making including the creation of settlements as well as trust, estate taxation and instructions in regards to the drafting and execution of Wills and advising and assisting an Executor or Administrator in dealing with the Deceased’s Estate. We also ensure fast and efficient administration of estates and have extensive experience in the proper management of affairs after death.

Requirements for a valid will :

  • The Will must be in writing.
  • The Testator must be over eighteen years of age, unless married.
  • He or she must be of a sound disposing mind.
  • He or she must sign their name or acknowledge their signature in the presence of two witnesses present together. An Executor is admissible as a witness.
  • That person’s signature or mark must be at the end of their Will.
  • Two witnesses must sign their names in his or her presence and in the presence of each other.
  • If the Beneficiary or his or her spouse witnesses a Will, the benefit to such witness is void but the Will remains invalid.
When a person dies testate, that is having made a Will then their assets would be distributed in accordance with their wishes and intentions as contained in that Will. These intentions as contained in that Will are however subject to certain statutory limitations and of course having adequate assets to meet the wishes of the Testator. When a person dies without making a Will, that person is said to have died intestate and the person’s assets are distributed according to statute. Therefore, one should appreciate the great importance of making a Will, in particular if one has an idea as to where they would like their property to go after their death.

When a person dies, there is no one to transfer or deal with his or her assets immediately and usually and as a general rule with certain exceptions the assets are as such frozen until a grant of representation proper to that persons affairs is taken out.

Personal representatives :

A personal representative may be in the case of a Will called an Executor, that is a person nominated by a Testator to administer his or her Will or where there is no Will, that person is called an Administrator. An Administrator is a person court appointed to administer the Deceased’s Estate or where someone other than an Executor is seeking to prove a Will.

The role of personal representative :

A personal representative is the person who ensures that as Executor the wishes of the Testator as contained in his or her Will are carried out, or in the case where there is no Will that the Deceased’s property and assets are properly secured and accounted for prior to an administration taking place.

Steps to be taken by a personal representative :

There are a series of steps to be taken by a personal representative when they find themselves dealing with a Deceased’s Estate.

  1. They are usually responsible for the funeral arrangements.
  2. They must take stock of and account for the property of the Deceased and this may be in relation to real property, that is such things as houses or flats, making sure that there is proper insurance in place and ascertain bank accounts where applicable.
  3. They must inform the beneficiaries who take under the Deceased’s Estate.
  4. They must make an appointment with a Solicitor to discuss the above matters immediately.

Very often there will be other immediate practical matters to be dealt with, such as the whereabouts of a Will, the looking after of livestock or pets, the collection of rent or the ongoing running of a business. It is extremely important that a personal representative immediately contact a Solicitor to discuss these matters and deal with these matters on an ongoing basis.