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Wills and testaments in Listowel are governed by Irish succession law. A valid will sets out how a person wants their assets distributed after death, appoints executors to carry out those wishes, and can name guardians for minor children. Where someone dies without a valid will, the rules of intestacy and the Succession Act 1965 determine who inherits. Local matters in Listowel and the wider County Kerry - such as family farms, residential property, and small businesses - often make careful planning important, so many residents seek local legal advice to ensure their wishes are properly recorded and can be carried out efficiently.
There are many situations where a solicitor can add value when dealing with wills and probate:
- Drafting a clear, legally valid will tailored to your circumstances, especially if you own property, a business, or farmland.
- Managing blended families, stepchildren, or complicated family arrangements where standard templates can produce unintended results.
- Planning to protect vulnerable beneficiaries, provide for minor children, or appoint guardians.
- Setting up testamentary trusts or other structures to protect inheritances or manage tax exposure.
- Handling the probate procedure after a death - applying for a grant of probate or letters of administration and dealing with estate administration and creditor claims.
- Resolving disputes or claims under the Succession Act 1965 where a spouse, civil partner, or child seeks provision from an estate.
- Advising on inheritance tax and reliefs, including agricultural and business reliefs that are important for farms and family businesses common around Listowel.
Key legal points to know if you are in Listowel or elsewhere in Ireland:
- Formal requirements - A will should be in writing, signed by the testator, and witnessed by two independent witnesses who also sign in the presence of the testator. Witnesses should not be beneficiaries under the will.
- Capacity and intention - A valid will requires that the testator has testamentary capacity and understands the nature and effect of making a will.
- Revocation and changes - Wills can be revoked by making a later will or by formal destruction. Small changes can be made by a codicil, but major changes normally call for a fresh will.
- Marriage and civil partnership - Marriage or entering a civil partnership can impact an existing will. Under Irish law, marriage generally revokes a prior will unless it was made in contemplation of that marriage. It is important to review a will after major life events.
- Intestacy and family claims - If there is no valid will, the Succession Act sets out who inherits. Separately, close relatives have rights or potential claims under the Succession Act if they believe they have not been adequately provided for.
- Probate and administration - Executors apply for a grant of probate to manage estate assets. If there is no will, the court issues letters of administration to an appropriate person to administer the estate. Probate applications in Ireland are processed centrally through the Probate Office.
- Tax and reliefs - Inheritances may be subject to Capital Acquisitions Tax. There are special reliefs and exemptions that can be relevant to dwellings, farms, and businesses. Tax thresholds and reliefs change over time, so current advice from a solicitor or tax adviser is important.
- Local considerations - Rural and small-town circumstances around Listowel mean that farm succession planning, co-ownership of property, and family-run business arrangements should be reviewed with a solicitor familiar with local practices and applicable reliefs.
Yes. Without a will, the statutory rules of intestacy will determine distribution, which may not reflect your wishes. A will allows you to appoint executors, name guardians for minors, and make specific provisions for spouses, partners, and children.
To make a valid will you should be at least 18 years old, have testamentary capacity, put your wishes in writing, sign the document, and have two witnesses sign in your presence. Because formal requirements are strict, using a solicitor helps ensure the will will be accepted by the Probate Office.
Simple wills can sometimes be made using templates, but templates can miss important issues or create ambiguity. For any estate with property, business interests, family complications, or significant assets, it is safer to consult a solicitor to avoid unintended consequences and potential disputes.
Anyone who is legally capable can be appointed an executor. Many people choose a trusted family member, friend, or a solicitor. Executors must handle administrative duties, pay debts and taxes, and distribute the estate in accordance with the will. Consider whether a proposed executor is willing and able to take on those responsibilities.
You can revoke a will by making a new will that expressly revokes the earlier one or by physically destroying the earlier will with the intention of revocation. Small changes can be made by a codicil, but for clarity and to avoid disputes a new will is often preferable. Always keep the original and tell your executors where it is stored.
If a person dies intestate, the Succession Act sets out who inherits. Close relatives such as a spouse, civil partner, children, parents, or siblings may inherit under that order. An application for letters of administration is required to authorise someone to administer the estate. Intestacy can lead to outcomes different from what the deceased may have wanted.
There is no fixed timeframe. Probate timelines depend on the complexity of the estate, whether tax clearance is required, the completeness of documentation, and whether any disputes arise. Simple estates might be completed in a few months, while complex estates or contested matters can take longer.
Inheritances may attract Capital Acquisitions Tax. Tax liability depends on the relationship between the giver and recipient, the value of gifts or inheritances, and current Revenue rules and thresholds. There are reliefs that may apply for dwellings, farms, and qualifying business assets. Speak to a solicitor or tax adviser for current advice and planning options.
You can attempt to leave little or nothing to a spouse or children in your will, but they may have legal remedies under the Succession Act to seek provision from the estate if they believe they have not been adequately provided for. Because of these protective provisions, consult a solicitor if you are considering excluding close family members.
Look for a solicitor experienced in wills, probate, and succession planning. Ask about relevant experience, whether they handle probate applications, fees and billing, and whether they offer an initial consultation. You can also contact local legal bodies, the Law Society for solicitor referrals, or local Citizens Information services for guidance.
Useful organisations and sources of information for people in Listowel include:
- Citizens Information - local Citizens Information Centre in Listowel and national information services for citizens.
- Probate Office of the High Court - for information on grants of probate and letters of administration.
- Revenue Commissioners - for up-to-date information on Capital Acquisitions Tax and available reliefs.
- Law Society of Ireland - for finding and checking solicitors and for information on legal fees and standards.
- Society of Trust and Estate Practitioners - for specialist advisers in trusts and estates.
- Legal Aid Board - for information about eligibility for legal aid and how to apply for help with legal fees.
- Kerry County Council - for local planning or property records that may be relevant to estate matters.
- Local mediation services and family mediation organisations - useful if there is a dispute about a will or inheritance.
If you need legal assistance with a will or testamentary matter in Listowel, consider these practical steps:
- Gather key documents - list assets and liabilities, locate deeds and titles, pension and bank details, life assurance policies, and any existing wills.
- Decide on priorities - who you wish to benefit, who should be executor, and whether guardians are needed for minors.
- Book an initial meeting with a solicitor who specialises in wills and probate - prepare questions about their experience, fee structure, and the likely process and timeline.
- Discuss tax and succession planning options - ask about reliefs for farms or businesses if relevant, and whether testamentary trusts or lifetime planning is appropriate.
- Sign your will correctly - ensure two independent witnesses sign with you, and store the original safely while giving trusted people details of its location.
- Review your will regularly - revisit it after major life events such as marriage, divorce, birth of children, significant changes in assets, or retirement.
If you are on a low income, check whether you qualify for legal aid or free legal information through local Citizens Information services. If there is an urgent dispute after a death, seek legal advice promptly because time limits and court procedures may apply.
