UK Estates and Irish Assets: When Do You Need a Grant?

Maria Lakes prides herself on helping people navigate legally challenging situations and strives to make the legal process easy for clients. In a cumbersome and lengthy probate system, Maria and her team have developed systems and processes to minimise client stresses and delays while delivering excellent client service. Below, she speaks more about this with Lawyer Monthly and how her team help clients in the UK and Ireland.

 

You aim to offer a probate ‘Plain English Service’ and make the process easy for clients; can you share with Lawyer Monthly to how you approach this? Moreover, how difficult is this, and how do you overcome the challenges faced by UK probate solicitors and clients?

The area of Wills and Probate can be very confusing for clients; we overcome these challenges by explaining the Probate process simply without the use of legal jargon. The main challenge in our work with UK Solicitors and UK based clients can often be clarifying the steps to be taken to obtain an Irish Grant.

The need to extract an Irish Grant arises in many UK Estates due to Irish assets, which require to be administered. This is unsurprising due to the close proximity of the two jurisdictions. However, the difference between the two probate legal systems can often be surprising.

The Irish system is, in a nutshell, slower and more cumbersome that its UK neighbour. It also dictates that a UK solicitor and/or UK Executors/Administrators must use an Irish based solicitor to extract an Irish Grant.

There are significant backlogs in the Irish Probate Office, approximately a 16-week backlog from the date the application papers are lodged to the date the Grant issues. However, we can ensure that UK Solicitors and Executors/Administrators are aware of the need to extract an Irish Grant and therefore allow steps to be taken immediately to begin the process; this can lessen the total administration timeframe. It is not necessary to actually have the UK Grant to begin the Irish process.

By specialising in the area of Irish Grants for UK Estates we are well positioned to advise of the relevant requirements and provide advices on the most efficient way to proceed.

 

As Thought Leader, can you share ways in which the legal industry could progress, in order to benefit your probate clients in the UK?

Increased awareness of the complications that can arise when Irish assets are included in UK Wills and Will trusts would be of benefit. Often UK clients, and beneficiaries, are frustrated by the need to extract a second Grant in a second jurisdiction and indeed are surprised to learn that further inheritance tax obligations may arise.

Further complications can arise when Irish assets fall under UK Discretionary Will Trusts and expert taxation advices will be required.

By increasing awareness of the steps that may need to be taken and the obligations that arise in Ireland, clients, when making Wills, can be facilitated to make adjustments which could increase efficiencies in the administration of the Irish estate.

 

In a system full of delays, how do you ensure your probate clients do not suffer delays with your office?

Aside from having a dedicated and expert Probate Team within Tracey’s, we have developed a tailored and streamlined case management system which allows us to complete work for our probate clients in the most efficient and effective manner.

Our team have undertaken LEAN training and incorporated these practical skills into our everyday operations. From commencement to completion of their cases, our probate clients benefit from these investments and experience a smooth, easy and clear service.

 

What advice can you give UK Solicitors who are encountering Irish assets in the administration of a UK estate?

Talk to us first – speak to our dedicated team to establish if an Irish Grant will be required and if so what information will be required and what steps should be taken and when. Even if no Irish Grant is required, we will be more than happy to provide guidance to you.

 

Are there any other services that you offer that are of assistance to UK Solicitors?

Our team can assist in advising on Irish Wills to deal with Irish assets should clients prefer to have a will in each jurisdiction. In addition, we have acted for a number of UK based children concerning litigation against a deceased parent’s Irish based estate due to a failure to properly provide for them.

 

Mini Questionnaire – ‘Food for Thought’:

 

1. Do you have a mantra or motto you live by when it comes to helping your clients?

Yes, this mantra keeps my clients happy and ensures I sleep well at night, it simply states:

‘Do your best and be ethically right’.

 

1. How do you measure your success?

To measure success, you need to fully understand your purpose and what you are engaged in.

In my work, I know that my role is to help people deal with messy situations through legal solutions. To be successful at this I need to exemplify excellent client care. This cannot be done without making the process easy for clients and enabling clients to understand the process, so they are not worried.

In addition, expertise and experience is required to advocate legal solutions. These requirements, coupled with an ability to complete work effectively and efficiently lay the foundation for success. The measurement of success is through client satisfaction, through seeing the client through the mess and beyond it.

 

Let our clients tell our story:

 

1. “Maria was a lovely person to talk to she made me feel very comfortable and she listened to me. She was very professional. The service was both extremely professional but also very personal. Maria made plenty of time for us and was very understanding of our situation. I would highly recommend the service received.”

 

1. “Very good, everything explained to me in language I could understand. Maria made an experience I was not looking forward to very pleasant! “

 

1. “I would like to thank Maria Lakes and the staff at Tracey Solicitors for the professional and exquisite service you have provided. I have been more than impressed and delighted with your understanding, support, efficiency and most of all you were reassuring and honest in dealing with my situation and I have no hesitation in recommending your services. I couldn’t be happier and proud of your company. I simply can’t fault you.”

 

“A particular thanks to Maria Lakes whose knowledge, professionalism and efficiency guided me through the probate process at the most difficult and challenging time of my life after the loss of my mother.”

 

Maria Lakes

Solicitor

E: ml@traceysolicitors.ie  W: www.traceysolicitors.ie | www.probate.ie

T+353-1-6499900.

F+353-1-6495081

 

Maria represents our clients in areas such as Personal Injury, Litigation and Wills & Probate, and has a keen interest in continuously developing her ability to offer a ‘Plain English’ legal service.

Maria Lakes has been practising in the area of Wills, Administration of Estates and Trusts for over 13 years. She heads up the Wills, Administration of Estates and Trusts Department within Tracey Solicitors. She is a member of the Society of Trust and Estate Practitioners and an associate member of Solicitors for the Elderly Ireland.

 

Tracey Solicitors is an Irish Solicitors Firm based in Dublin, Ireland. We are available to provide you with expert advice and legal services.

We are very proud of being the only Solicitors in Ireland to have achieved the Excellence Through People Award in 2017.

We have dealt with thousands of different cases over the years and are proud of our record of client care and success to date.

We provide clear and independent advice and achieve the best possible outcome for you.

As an Irish Solicitors firm, we use our knowledge and experience to give you the voice you need. We offer personal attention, we use plain language and we provide practical and impartial advice.