Q and A
Registering a death is a legal requirement and must be done within three months of the date of death. The main steps are as follows:
Obtain a Medical Certificate of Cause of Death: This certificate is usually provided by the doctor who attended to the deceased during their last illness. It states the cause of death and is a necessary step in the registration process.
Visit the Civil Registration Office: To register the death, you need to go to the local Civil Registration Office. Finding the nearest office is easy-you can check the Health Service Executive (HSE) website or contact them directly.
Provide Necessary Information: When registering the death, you will need to provide certain information about the deceased, including:
- Full name and address.
- Date and place of death.
- Date and place of birth.
- Occupation.
- Personal Public Service (PPS) number.
- If applicable, details of the deceased's spouse or civil partner
- Complete the Registration: The registrar will use the information provided to complete the registration. Once the death is registered, you can obtain copies of the death certificate.
- Fees: There is no fee for registering a death. However, there is a fee for obtaining copies of the death certificate.
Ensuring that the death is registered promptly is essential to avoid any legal complications. If you encounter any issues or need further assistance, the staff at the Civil Registration Office can provide guidance.
Q. My grandmother recently passed away, and her will has been disclosed, naming my cousin as the executor and leaving her entire estate to him. My family and I are very concerned and suspicious, as our grandmother was struggling with mental health issues and had memory problems. What actions can we take in this situation?
A. The following are the main grounds on which a will can be challenged:
- Lack of Testamentary Capacity: The testator (the person who made the Will) must have had the mental capacity to understand the nature of making a will, the extent of the property being disposed of, and the claims of those who might expect to benefit from the will.
- Undue Influence: If it can be shown that the testator was coerced or unduly influenced by another person when making the will, it may be invalidated.
- Fraud or Forgery: A will can be challenged if it is believed to have been forged or if the testator was deceived into signing it.
- Failure to Comply with Legal Formalities: The will must comply with the formal requirements set out in the Succession Act 1965, such as being in writing, signed by the testator, and witnessed by two individuals.
If you plan to challenge the validity of your grandmother's will, it's crucial to take action as soon as possible. Start by consulting your solicitor, who can guide you on the necessary steps you need to take at this stage. The executor is probably already working to administer your grandmother's estate, so if you intend to proceed with a challenge, you must file a document called a Caveat with the Probate Office. This will temporarily prevent a Grant of Probate from being issued to your grandmother's estate, preventing the executor from finalising the administration of the estate until the dispute is resolved.
Additionally, you need to establish that you have the legal standing to challenge the will. Are you a beneficiary under a previous will, or would you inherit some or all of the estate according to the rules of intestacy if your grandmother passed away without a will?
If an amicable resolution cannot be reached, legal proceedings will become necessary.
Gather evidence to support your claim, which may include medical records and witness statements. If the case does not settle, it will be heard in court. After both parties present their evidence and arguments, the judge will make the final decision.
Q. My estranged husband died recently. Despite having previously secured a maintenance order, he was unable to provide financial support, which created significant challenges as I focused on raising our young children. Since we did not formalise our separation, I am currently exploring my options regarding his Estate.
A. According to the Succession Act 1965, you have the right to make a claim against your husband's Estate. You are entitled to a "Legal Right Share," which entitles you to one-third of the net estate as you had children together. Additionally, you can claim any unpaid child maintenance from his Estate, as it is considered a debt owed to you.
Q. My brother, Michael, recently passed away. He did not marry and did not have children. Both of our parents are deceased. As his only surviving sibling, I have assumed the responsibility of managing his affairs, which presents a significant undertaking. Michael had been residing in a nursing home due to dementia, and I am now in the process of navigating his estate, which includes his residence and some financial assets. However, I find myself feeling somewhat overwhelmed, as I lack comprehensive information regarding his financial situation and would greatly benefit from guidance.
A. The initial step involves determining whether Michael left a will. As there is no central registry for wills, you should contact local solicitors who may have made one for your brother. As your brother owned a house, he must have dealt with a solicitor during his lifetime when it was purchased/inherited. If you engage a solicitor, they can assist in advertising in the Law Society Gazette to locate any potential will.
In the event that no will is found and as Michael did not have a spouse or children, you, as the surviving sibling, would be eligible to apply to the Probate Office for a Grant of Administration to enable you to deal with his Estate. This document is essential for the sale or transfer of his property and for accessing his bank accounts. Given that he was receiving payments under the HSE Nursing Home Support Scheme, it is imperative to act promptly as he may have been in receipt of the HSE Nursing Home loan, which has to be repaid from his Estate within 12 months of his date of death to avoid additional charges.
Engaging a solicitor would prove beneficial, as they will guide you through the application process, liaise with the relevant financial institutions to clarify Michael's assets and liabilities, and assist in obtaining the Grant of Administration. Ultimately, their expertise will ensure that Michael's estate is managed with the utmost care and respect.