Dear Claudine,

My mother died suddenly last year and nominated my brother and I as Executors of her will. My brother is not in good health and does not want to be involved in the administration of her Estate. My father died 9 years ago and I have five siblings. My mother owned her own house but apart from that I don’t think she had any other assets. I am currently unemployed and if possible would like to try and administer my mother’s Estate myself. Could you please advise me on where I should start or who I could contact for Advice.

Thanks

Mark,

Dear Mark,

Please accept my sincere condolences for your loss. Firstly, as your mother owned property and made a Will, you will have to extract a Grant of Probate in her Estate. You may contact the Probate Office for Advice and guidance. In reality, most people instruct a Solicitor to take out a Grant of Probate as it can be extremely difficult and time consuming. Generally, the Probate fees payable to a Solicitor are deducted from the Estate after the legal work has been completed. The first step is to obtain your mother’s Death Certificate. You must then complete an Inland Revenue Affidavit inserting information in relation to all of your late mother’s assets and liabilities. You will be required to swear the Affidavit before a Solicitor/Commissioner for Oaths. The Sworn Affidavit along with the Oath of Executor, your mother’s death Certificate, probate fees etc.. are then lodged in the Probate office. The Probate office will issue the Grant of Probate and it generally takes approximately eight to twelve months to issue depending on the size of the Estate and the level of assets involved. As your brother does not wish to act as an Executor he must either reserve or renounce his right to act in writing.

I hope that the above is helpful to you and thank you very much for your e-mail. If I can be of any help to you then please contact my office for an appointment.

With Every Good Wish

Claudine Hanratty