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.
Our prices
Our pricing is straightforward and our offering comprehensive. Please view the documents below for a greater understanding of the service we offer.

Costs for Probate of an Estate

Costs for a Deed of Assent

Costs for a Deed of Disclaimer

Information about what is included in our fixed cost fee

Clear, Concise Advice
What is Probate?

A “Grant of Probate” is the document issued by the High Court Probate office, after a valid Will has been administered by their office. It is the document that gives the Executors 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 Executor distributes the assets of the estate in accordance with the terms of the Will.

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Locate the Will
Locate the original Will. It will name the Executors, who become the trustees of all of the deceased’s assets, from the date of death.
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House
If the house of the deceased is vacant, make sure it is insured and secure.
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Death Certificate
Order a death certificate for the deceased.
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Accounts
You should advise the state pension that the death has occurred, to avoid over payments being made to the account.
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Assets
Print off bank statements, policy documents and other assets to begin preparing a schedule of assets for the deceased.
Our guides

Download our Probate guide & checklist

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Download our Probate guide & checklist below.

FAQs

Then the document that issues from the High Court Probate Office is called “Letters of Administration“. This is the document that gives Administrators authority to deal with assets of the estate, example close bank accounts and sell property. The assets will usually be distributed under the rule of Intestacy, as there is no Will to direct distribution of the estate.

The only law relating to the time frame is known as the “Executor’s Year”. This means that no enforcement can be taken against an Executor for not administering the estate before the first anniversary of the deceased.

There is no legal requirement on when to actually start the Probate process.

The starting point is getting the death certificate, which usually takes 6 weeks from 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.

No, the application only requires one Executor. The named Executors who do not wish to act, have two choices. They can either reserve their entitlement to extract a grant. This means they just step aside and could step back in later if needed. They could also renounce their entitlement to extract the Grant of Probate. If this is done, the Executor cannot step back into the role.

The Will should be reviewed to see does it make an provision for payment to the Executor. If the Executor is providing professional services and there is a charging clause in the Will, then the Executor can be paid. This is provided that Executor did not witness the Will, as this invalidates the charging clause. Non professional executors are entitled to their expenses incurred for administering the estate. The Executor 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 Executor last for a life time. 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 administrated, an Executor is obliged to revoke the prior Will and administer the later one.

There is no time frame set out by the law. The law says that no court action can be taken against an Executor in the first year of the person ‘s death. However, if an Executor did not take out the Grant of Probate in the second year after a person died, that would not be grounds to remove the Executor. There is a high bar to be achieved to remove an Executor. The delay in taking out the Grant of Probate would have to be substantial in order to remove the Executor.

No, the application only requires one Executor. The named Executors who do not wish to act, have two choices. They can either reserve their entitlement to extract a grant. This means they just step aside and could step back in later if needed. They could also renounce their entitlement to extract the Grant of Probate. If this is done, the Executor cannot step back in to the role.

The Will should be reviewed to see does it make an provision for payment to the Executor. If the Executor is providing professional services and there is a charging clause in the Will, then the Executor can be paid. This is provided that Executor did not witness the Will, as this invalidates the charging clause. Non professional executors are entitled to their expenses incurred for administering the estate. The Executor 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 Executor last for a life time. 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 administrated, an Executor is obliged to revoke the prior Will and administer the later one.

There is no time frame set out by the law. The law says that no court action can be taken against an Executor in the first year of the person ‘s death. However, if an Executor did not take out the Grant of Probate in the second year after a person died, that would not be grounds to remove the Executor. There is a high bar to be achieved to remove an Executor. The delay in taking out the Grant of Probate would have to be substantial in order to remove the Executor.

If the last known location of the original Will was with the deceased person, the law will presume that the person destroyed it. If there is a copy of the Will, then an application can be made to Court to rebut that presumption. This is often a difficult application to make successfully unless there is very strong evidence to suggest the Will was lost instead of destroyed. If this application does not allow the copy Will to be admitted for Probate and there is no prior Will, then the estate must be administered under the rules of intestacy.

If there is a copy of the Will available and the last known place the original was in the office of the deceased person’s solicitor, then the law does not presume that it was destroyed but merely mislaid. An application can be made to the court to accept the copy Will, as a true copy of the last Will made the deceased. If that application is granted, the copy Will is used to apply for a Grant of Probate.

The Will still remains valid. The people who are entitled to administer the estate, are either the people named in the residue clause of the Will (if the Will has residue clause) or the people inherit the entire estate (if the Will has no residue clause). Often this can be a number of people. They then all have an equal entitlement to apply to the High Court to administer the estate.

Blog updates

What are Probate costs?
What the Probate Office requires from the estate of a deceased person with dementia

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