Probate- Access to Foreign Assets
When is Such an Application Required?
If you are dealing with the estate of a loved one who died in Ireland possessing assets in a foreign country, you may need to apply to the foreign court for permission (the equivalent to a grant) to deal with the property.
This might be necessary in the case of Irish people who have purchased property abroad or in the case of clients who have settled in Ireland but may still possess property in their home country or elsewhere. The process of such an application can vary hugely depending on where the property is situated, whether there was a valid will and if so, where that will was prepared.
How Can We Help?
In order to deal with your loved one’s foreign assets, we will make the appropriate enquiries regarding the relevant jurisdiction and assist you in the process of releasing that asset by means of correspondence with relevant institutions or formal probate application where necessary. We will work with you at all stages of the process and assist in;
* Communicating with financial and other institutions.
* Advice regarding documentation required.
* Preparing and submitting required documentation.
* Engaging professional document translators on your behalf where essential.
* Communicating and instructing foreign lawyers in relation to a formal application where necessary.
* Preparing accounts.
At Hoban Boino, our expert team will work with you to ensure your probate application is completed efficiently and will assist you in all matters in order to ensure the timely administration of your loved one’s estate.
Glossary of Terms
* Testate – The situation where a person dies in possession of a valid will.
* Intestate – The situation where a person dies with either no will or an invalid will.
* Probate – The legal process in which a deceased persons estate is administered.
* Grant of Probate – This is the legal document provided by the court which allows a deceased’s loved ones to deal with their estate where there is a valid will.
* Grant of Letters of Administration – This is the legal document provided by the court which allows a deceased’s loved ones to deal with their estate where there is no valid will.
* Estate – The collective term for all of the assets which the person held at the time of their death.
* Affidavit of Law – A legal document sworn by an independent lawyer who is practising in the country of domicile.
* Real Property – Commonly refers to land and any property situated on it.