Intestacy

Introduction
What We Do
What is Intestacy?
When should an intestacy be started?
Our Prices
How are assets divided when a person dies with no will?
FAQs
Blog & video updates
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Introduction

At Madden Law, we provide a fixed cost service where there will be no surprises involved. We provide efficient and flexible services, and endeavor to make the process as quick and seamless as possible.

What We Do

With over 10 years experience, our approach is flexible & personable and all about accommodating you, the buyer.

We adopt a modern approach to providing legal services.
Flexible appointment options via video consultations or in person.
We provide you with regular updates on your purchase.
Provide you with a full breakdown of all costs at the start of the matter.

When a person dies without a will, they are said to die intestate.

A “Grant of Administration Intestate” is the document issued by the High Court Probate office, after an intestate estate has been administered . It is the document that gives the Administrators the authority to deal with the assets of the deceased person. For example, bank accounts can be closed and property can be sold. Then the Administrator distributes the assets of the estate in accordance with the laws of intestacy.

When should an intestacy be started?

There is no legal requirement on when to actually start the administration process.
The starting point is getting the death certificate, which usually takes 6 weeks from the date of registration.
Usually people decide to wait until after the first month anniversary to start the legal process.
It may need to be started as soon as possible if the Fair Deal loan is due to be repaid within 12 months from the date of death and the house needs to be sold in order to pay the Fair Deal loan.

Our Prices

Our pricing is straightforward and our offering comprehensive. Please view the documents below for a greater understanding of the service we offer when you are dealing with intestacy.

Our fixed cost service of administrating of an estate with no will

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Fixed legal cost when the value of the estate is under €400,000

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What legal work is included in our fixed cost fee?

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Clear, Concise Advice

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How are assets divided when a person dies with no will?

This is set out in the Succession Act 1965. It depends on the status of the deceased person at their date of death.

If a person dies with a spouse and no children then everything goes to the spouse.

If a person dies, with a spouse and children, then 2/3 goes to the spouse and 1/3 goes between all of the children equally.

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Confirm there is no Will

House

If the house of the deceased is vacant, make sure it is insured and secure.

Death Certificate

Order a death certificate for the deceased.

Accounts

You should advise the state pension that the death has occurred, to avoid over payments being made to the account.

Assets

Print off bank statements, policy documents and other assets to begin preparing a schedule of assets for the deceased.

FAQs

Administrators are entitled to their expenses incurred for administering the estate. The Administrator has a fiduciary duty to the estate and its beneficiaries and should not gain from the estate.

Usually, it takes approximately 12 months for the estate to be administered and assets distributed. The processing time in the High Court Probate office varies. The duties of an Administrator last for a lifetime. Often assets come to light after the estate has been distributed. These assets must be distributed by the Executor also. If a subsequent Will came to light after a prior one was administered, an Executor is obliged to revoke the prior Will and administer the later one.