Administration of Estates and Probate Disputes

Our aim is to ensure that by thoughtful and careful planning our clients have provided for their wishes prior to their death in such as way as to make the process for the people they leave behind when they die (generally referred to as probate or administration of estates) as simple and as hassle free as possible.

We give our clients the confidence that somebody who knows them and understands them will be there to help those they leave after them to cope with the traumatic process of dealing with their affairs after their death.  It goes without saying we consider it of paramount importance in this process to minimize and, if possible, eliminate the possibility for disputes in our clients’ estates after they have gone.

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However, we also regularly act in the administration of estates of people who have died who were not our clients prior to their death and whose next of kin or the people named in their will have come to us because of our specialist qualifications in the area of taxation and trust and estate planning.  If you have been bereaved and do not know where to start or are confused, we are here to help you: to explain how things work and advise you on the right steps to take and to assist you in working things out sensitively and efficiently.

Unfortunately, disputes or issues do sometimes arise when someone dies and this is not always avoidable.  If someone has died and they should have provided for you, but didn’t, you should always have independent legal advice on your situation and not simply take it for granted that you have to accept what has happened.

If you do find yourself in such an unfortunate and difficult situation, it is important to remember that it is not necessarily your fault, or indeed the fault of the person who has died, that you have found yourself in this situation.  What you need to do is to find out as quickly as possible what your rights and entitlements are and what should be done to protect your position before any other steps are taken in the administration of the estate that are not in your best interests.

These situations can be complex and difficult but our specialist qualifications in the area ensures that you achieve the best possible outcome in the circumstances.

Flor McCarthy is a qualified tax practitioner and is an Associate of the Institute of Taxation in Ireland having particular expertise in the area of Capital Acquisitions Tax (CAT) (also known as Inheritance Tax or Gift Tax) and the other taxes that can arise in the administration of estates. Flor is also a registered Trust and Estate Practitioner which is a specialist qualification in the area of administration of estates and probate disputes. Flor is a member of the international Society of Trust and Estate Practitioners and has been working with clients in this area for over fifteen years.

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