Although most of us live in the comfort of a permanent state of denial, there is nothing more sure than the fact that some day we will no longer be here. Probate forms a large part of any mature practice and we at Romaine Scally and Co Solicitors, with over 28 years experience of drafting wills, have seen a fair few of these wills convert to probate cases. Wills can be drafted and changed at any stage during the lifetime of the maker of the will (Testator).

The only will that speaks is the final and binding one made before the death of the Testator. If that Testator has left property and assets in his or her sole name, then the case becomes a Probate one requiring a very specific set of procedures. Probate is basically the winding up of the affairs of the lifetime of the deceased and by its very nature can take time. No action can be taken until the Death Certificate issues and there can be delays with the issue of some death certificates if the cause of death is uncertain. This Death Certificate is a very important document and although not a private document, nonetheless, assumes a great importance in allowing the legal process to commence. The preliminary step is to apply for Revenue Clearance which is required in every case whether the deceased is an old age Pensioner or a working man or woman. This is the last chance the Revenue will have to consider the tax affairs of the deceased and to ensure that there are no historic or active outstanding tax liabilities. Only when Revenue clearance issues can the Solicitor apply for the Grant of Probate which allows the executors of the deceased to wind up his or her affairs.

Property can only be sold with the Grant of Probate and Banks will only release money over a certain amount on production of the Grant. The process can be tedious but with the professional assistance of your Solicitor can be made infinitely simpler and less emotionally draining. Let us help you to make that process easier and less time consuming.