Wills & Probate

Most people need to engage with Wills and Probate at some point. Our firm has many years’ experience in this area and can help you avoid the potential pitfalls.

Making a Will ensures that, when you die, your property and other possessions are left to the people that you would like to receive them. If you do not make a Will, or if your Will is not drawn up properly, your assets will be distributed in accordance with the law.

This distribution may not be in accordance with your wishes. By clearly setting out your intentions, your Will can help avoid future problems and family disputes.

You should update your Will if your circumstances change. This will ensure that it continues to reflect your wishes.

When you contact Whelan Law to make or update your Will, we will arrange to meet your personally. We will ask you to bring:

• A list of your assets.
• The names and addresses of your beneficiaries. Your beneficiaries are the people to whom you wish to leave your assets.
• The name of your executor(s). The executor is the person who will be tasked with dealing with your affairs following death. The executor should be a trusted person, willing and capable of handling your affairs, and must be over the age of eighteen. There can be more than one executor and an executor can be a member of family and can also be a beneficiary in the Will.
  

Our expertise will help ensure your Will is legally sound and accurately reflects your wishes.

When a person dies, someone has to manage their estate, finalise their affairs, settle debts and distribute belongings, property, assets and cash to next of kin or to whoever is entitled to it. There are legal obligations that must be observed before the estate can be distributed to the beneficiaries. The overall process is referred to as the administration of a deceased person’s estate. 

Probate is the legal process involved in the distribution of a deceased person’s estate, according to their wishes. 

In order to take out probate, the Probate Office must certify that the Will is valid and that all legal, financial and tax obligations have been met. The process by which the Probate Office accepts that a Will is valid is called “proving”. The executor or administrator of the estate can then distribute the estate once the Will has been “proved” by the Probate Office.

We will help you to obtain a Grant of Probate and advise you on how to make the process of administering the deceased’s estate as simple and efficient as possible.