Probate application

[bufferzone]

Hi

Wonder if anyone can help.

My mother died in England and had half her estate here. She was living here at the time. She also had lived in Ireland and the rest was there. Her will was with Irish solicitors and I have been sent the original to apply for probate.

I have applied for probate as named sole executor in her will, in England, as I live here. My siblings, beneficiaries, are aware of this and happy about it.

I suppose my query is can I conduct all the transfer of funds etc with probate granted in England or do I have to apply for probate in the Rep of Ireland too?

I have declared all assets here and in Rep of Ireland on my application for probate.

Thanks

[Peridot]

Hi Bufferzone,
Sorry to hear of your loss.

I'm afraid I'm not an Irish law specialist so am unsure if there are different rules for dealing with an individuals property in Ireland compared to Eng/Wales or whether there are certain succession rules that apply. These CAB (Ireland) links may help :- http://www.citizensinformation.ie/en...ds_estate.html
http://www.citizensinformation.ie/en...ds_estate.html

Does the Irish Will deal with all your mother's assets both in Ireland and in England?

You also need to be aware of any inheritance tax implications. It will depend on where your mother deemed herself domiciled. Where did she think of as her home basically. This would also need to be evidenced to HMRC. They will take a view themselves and decide under which country's Inheritance Tax rules the estate should be dealt with.

I haven't been able to find out if a Grant issued in England would be recognised in Ireland or whether you may need to obtain a 2nd Grant. Unfortunately it is not a simple case of resealing the Grant to allow it to be used in relation to Irish assets if the Grant is not recognised over there, so I would recommend getting some advice from an Irish law specialist.

You could also contact the UK and Irish Probate Registry, they may have some pointers they can give you:-

http://www.courts.ie/courts.ie/libra...&l=en#District probate registries
https://www.gov.uk/wills-probate-inh...representation (you'll need to find your local probate registry to obtain a number to call)

There may be others on the forum who have had experience of this who may have some comments. Sorry I can't help further but do let us know the outcome, so we can point people in the right direction in future.

[emarald23]

Hi

Wonder if anyone can help.

My mother died in England and had half her estate here. She was living here at the time. She also had lived in Ireland and the rest was there. Her will was with Irish solicitors and I have been sent the original to apply for probate.

I have applied for probate as named sole executor in her will, in England, as I live here. My siblings, beneficiaries, are aware of this and happy about it.

I suppose my query is can I conduct all the transfer of funds etc with probate granted in England or do I have to apply for probate in the Rep of Ireland too?

I have declared all assets here and in Rep of Ireland on my application for probate.

Thanks

HI Bufferzone
I am going through the exact issue at the moment and hope that my experience can help. You will need to take out Grants of Porbate in both the Republic of Ireland and the UK. You can not do this simultaneously as each Grant application will require the original Will. In the Republic of Ireland you will also need PPS numbers for the Executors and Beneficiaries before you can apply for the Grant of Probate as this number needs to be on the application. As I am in the UK I am using an Irish Solicitor to deal with the Probate. Hope this helps, feel free to ask any other questions.

[bufferzone]

Sorry for the delay in thanking you. That was very helpful. At long last I should be granted probate ... I paid the fee at the London Probate office today. I daresay I will asking more questions. Thanks once again.