Branigan Berkery has been offering a comprehensive range of property services to clients, both residential and commercial for over fifty years. We guide our clients through each transaction carefully, advising and informing them at every stage.
The majority of people will at some stage, buy sell or mortgage property. Whether you wish to buy, sell, mortgage or re-mortgage your residential property, our solicitors will explain the process clearly to you and offer a professional, cost effective and friendly service from the beginning right through to completion of your transaction.
The area of law dealing with Wills and Intestacy is often referred to as Probate.
What is Probate? Probate is a legal process which authorizes someone (an Executor or an Administrator) who are referred to as the Legal Personal Representative, to deal with a deceased person’s assets and the gathering or collection of all assets held by that deceased so that all liabilities in the deceased’s estate may be paid and further so that the deceased’s estate may be distributed in accordance with the terms of the Will, or laws governing Intestacy where there is no Will.
Why is Probate needed? When a person dies all the assets which they hold in their sole name are effectively “frozen” and in general cannot be dealt with fully until the Will has been proven or admitted to Probate. It is very advisable for a person to a make a Will in their lifetime so that that person’s wishes then can be carried out by the Executor. Otherwise the laws in the State governing Intestacy (where the deceased has made no Will) apply. This is one common example – a husband might be of the opinion that there is no point in making a Will as all the assets would automatically go to his wife. That would be quite a common assumption. However under the laws governing Intestacy where a husband dies making no Will, two thirds of his estate goes to his wife and one third would be divided between his children. If husband and wife wish to leave their estate unto each other respectively, a Will is required.
We have represented clients in the following situations:
Disputes with Banks or other Financial Institutions
Contact us to discuss your requirements.