Wills And Estates

The High Court has determined that administrators ad litem appointed for the purpose of substantiating proceedings simply provide a defendant who can be sued, and are not obliged to take active steps in defence of the action. Delivering judgment for the High Court, Ms Justice Siobhan Stack commented

A first-of-its-kind digital will finding service has been launched in Ireland to help members of the public and solicitors locate the wills of deceased persons. Will Finder will enable single regional searches, or multiple searches across all of the State if needed, reducing time and costs associate

Tributes have been paid to Dr Albert Keating, a leading expert in Irish probate law, who has passed away at the age of 71 following a short illness. Dr Keating was born and raised in Cork City, educated at UCC and King’s Inns and was called to the Bar at the age of 21. Having practised for a f

Families will be able to register the death of a loved one even where a coroner has yet to conclude an inquest under new legislation announced by ministers. The change, aimed at addressing practical difficulties for families who are seeking to manage the affairs of the deceased person, comes in the

The High Court has refused to make an order for costs for a man who sought clarification on certain aspects of his uncle’s will. The deceased had gifted certain shares in Kerry Co-Operative to his nephew, but it was unclear if shares in Kerry Group plc were also gifted to the nephew. Ms Justic

The High Court has refused an application by a plaintiff for well-charging relief against a deceased’s estate on the basis that the monies had become payable in September 2008. It was held that the plaintiff’s claim was statute-barred as no proceedings had issued within two years of the

The High Court has determined that a will which was revoked by a testator should be admitted to probate because it was only destroyed on foot of incorrect legal advice. The deceased had been told by his solicitor that the destruction of his will would revive a prior will. Delivering judgment in the

Northern Ireland’s High Court has approved the variation of a last will where it found that the new provisions were of benefit to the deceased's children. The court noted that it would be beneficial for the children to receive a lump sum at the age of 25, especially where the trust would make

The High Court has refused a non-contentious application for liberty to extract a grant of probate relating to a deceased’s Irish assets in circumstances where a subsequent UK will appeared to revoke the Irish will. The deceased had executed a will in Ireland which bequeathed a holiday home to

Legacy gifts to the Community Foundation for Northern Ireland can be matched at 50 per cent under the first initiative of its kind in Northern Ireland.

The government has been urged to exempt the cost of making a will from VAT when a charitable bequest is included in order to encourage personal acts of kindness. My Legacy, an umbrella group of 80 Irish charities, published its Budget 2022 submission this week to coincide with International Legacy G

A new online probate portal, which aims to simplify the application process for people dealing with a person’s estate after their death, has gone live. The Northern Ireland Courts and Tribunal Service (NICTS) developed the new online service as part of its modernisation programme and launched

The Court of Appeal has upheld the validity of a homemade will despite the fact that several parts had not been properly executed by the testatrix. The deceased, Ms Mary McEnroe, had made her own will and had altered it before she died by scribbling out certain words so that they became illegible. T

A new online process for filing and processing an application for probate or administration has been introduced. The new online Statement of Affairs (Probate) (Form SA.2) replaces the old Inland Revenue Affidavit (Form CA.24).

The High Court has refused an ex parte application to admit a will to probate on the grounds that there were two obliterations on its face. Background