Our client, a highly established, reputable and successful Law Firm, are seeking to recruit a Probate Solicitor, ideally with a few years’ post-qualification experience (PQE). The role may be focused exclusively on probate and wills or may include a combination of probate and residential conveyancing. A flexible arrangement, including a three-day-per-week probate-focused role, may be considered.

Brief/Competencies:

A. Will Drafting and Estate Planning

1. Instructions

Taking detailed client instructions in relation to will preparation, including careful assessment of:
Family circumstances (single, married, separated, divorced, estranged, blended families, second relationships)
Children (including minors and adult children)
Dependants, including children or adults with special needs
Full asset profiles and estate composition
Client wishes and testamentary intentions
Drafting bespoke wills tailored to individual circumstances, including complex family and succession arrangements

2. Taxation Advice (Irish and Cross-Border)

Advising clients on the taxation implications of testamentary dispositions under Irish tax law
Identifying and advising on potential foreign tax implications where beneficiaries or assets are located abroad
Highlighting and explaining cross-border estate planning considerations where relevant

3. Foreign Assets and Cross-Border Estate Planning

Advising on the treatment of foreign assets within an estate
Assessing when separate foreign wills may be appropriate or necessary for assets held outside Ireland
Coordinating advice on multi-jurisdictional estate planning issues where applicable

4. Property Ownership Structures

Advising clients on the differences between holding property as joint tenants versus tenants in common
Explaining the legal and practical implications of each structure in the context of estate planning and succession

5. Life Interests, Rights of Residence, and Succession Options

Advising on the distinction between life interests and rights of residence
Drafting appropriate clauses to reflect client wishes in relation to property occupation and benefit
Advising on contingent and alternative beneficiaries, including scenarios where beneficiaries predecease the testator
Advising on the application and implications of Section 63 of the Succession Act and alternatives where clients prefer bespoke arrangements

6. Client Engagement and File Management

Conducting detailed initial client consultations and accurately recording attendance notes
Preparing comprehensive draft wills based on client instructions and legal advice
Issuing draft documents to clients for review and incorporating amendments as required
Attending follow-up meetings to finalise wills and ensure client understanding and approval
Maintaining thorough and professional file notes for all client interactions

B. Grants of Probate & Estate Administration (Full End-to-End Management)

1. Executor Advice & Early Case Planning

Meeting executors and explaining the probate process in detail
Advising executors on their duties, responsibilities, and liabilities
Discussion regarding practical matters/insurance/utilities/pensions cancellation/direct debits/ongoing expenses/exec account

2. Early Case Structuring & Documentation

Anticipating and preparing all forms required to close accounts at an early stage
Obtaining executor signatures on key bank and institutional forms at the outset to streamline administration
Relevant authorities for communicating with institutions as necessary/agent forms / release title deeds/wills
Planning estate administration workflow from instruction stage to final distribution

3.Beneficiaries & Communications

Identifying and corresponding with all beneficiaries, including foreign beneficiaries
Assisting foreign beneficiaries with PPS number applications
Managing cross-border communication and compliance requirements from the outset
Furnishing prior Gift forms /copy will or will extract

4. Assets & Liabilities

Identifying and gathering full details of estate assets and liabilities
Notifying all financial institutions, share registrars, and relevant bodies of death
Ensuring all debts and liabilities are fully identified
Instructing auctioneer/liaising with auctioneer for property valuations
Organising Share valuations
Dealing with funeral expenses
Consider if any likely Revenue, DSP or HSE liabilities

5. Probate Applications

Drafting and submitting all probate documentation, including:
Statement of affairs
Oath of executor with correct title
Ensuring correct probate procedure depending on:
Executor availability, renunciation, or substitution
Title complexities or prior ownership issues
Any evidential issues requiring supporting affidavits or court applications

6. Technical issues

Consider whether any special orders needed- eg order to incorporate map
Consider if any supplemental affidavits necessary and prepare same- affidavit of testamentary capacity/plight and condition/attesting witness
Consider any issues with legal right share/appropriation
Consider if any accounts jointly held are on resulting trust/survivorship
Any partial intestacy/lapse/application of s63 of SA- identify beneficiaries in such event
Advising on and managing caveats, including lodging and warning caveats where appropriate
Is estate solvent- order of application of assets for debts,
Apportionment, abatement, legal right share claims/notification of election/deemed legal right
Income on assets during administration period- to whom belongs

7.Revenue Clearance DSP Clearance HSE Clearance

Liaising with accountants and Revenue as required
Preparing or assisting with income tax/CGT returns for the deceased to date of death
Ensuring Revenue, HSE, and Department of Social Protection clearances are obtained where required
Dealing with HSE claims for overpayment under Fair Deal Scheme
Dealing with DSP claims for overpayment where there’s non-contributory social welfare payments
Income on assets during administration period/gains on assets sold in course of administration- income tax issues on estate income

8. Advising on inheritance tax issues/Managing inheritance tax compliance, including:

Secondary liability considerations for Irish-resident executors
Non-resident executor procedures and agent appointment
30-day Revenue notification requirements before distributions
Advise on beneficiary liabilities to CAT- thresholds/reliefs/aggregation/valuation date/date of inheritance/retuns as necessary or instructed/awareness of pay and file dates and interest and penalties
Consider reliefs available- dwellinghouse/business/agricultural

9.Property, Land Registry & Title Work

Advising on and implementing property transmissions to beneficiaries
Drafting and preparing Land Registry applications, including:
Transmission of ownership to beneficiaries
Reservation of rights of way, easements, or other burdens as required by the will
Ensuring compliance with mapping and folio requirements
Preparing Form 47 applications to remove a prior deceased joint owner from title
Ensuring clear title issues are resolved prior to vesting or transfer

10.Estate Accounts, Distribution & Closure

Preparing detailed estate accounts showing:
All receipts and payments
Estate administration expenses
Tax liabilities and clearances
Estimating and recording solicitor’s costs and producing bills of costs
Calculating residuary estate for distribution
Preparing distribution accounts for executor approval
Issuing receipts and indemnities to beneficiaries
Obtaining beneficiary bank details and arranging final payments
Finalising distribution and formally closing files in an orderly and compliant manner

C. Grants of Administration Intestate & Estate Administration (Full End-to-End Management)

Consider All matters as for Grant of probate and in addition:
Advising administrators that authority derives from the Grant of Administration, not a will
Advising that no assets (including property sales) can proceed until the Grant issues
Drafting administrator’s oath and ensuring correct applicant entitlement
Confirming rightful next of kin and ensuring proper entitlement before application
Conducting full intestacy investigations, including:
Tracing all beneficiaries
Genealogical research where family structure is unclear or incomplete
Ensuring correct priority and entitlement to apply for the grant
Managing distribution in accordance with intestacy rules once grant issues

D. Complex Grants, Chain Grants & Title Reconstruction

Identifying appropriate grant type in complex estates, including:
Grants of Administration with Will Annexed
Grants of Administration De Bonis Non
Second or subsequent grants where estate administration is incomplete
Determining entitlement and sequence of grants required
Reconstructing chains of entitlement where estates have been partially administered historically
Assessing ultimate entitlement and identifying potential statute-barred claims where relevant

E. Foreign Assets & Cross-Border Administration

Assessing whether foreign grants are required in respect of overseas assets
Liaising with foreign solicitors or agents to progress foreign probate applications
Coordinating cross-border estate administration issues and ensuring consistency across jurisdictions

F. Contentious Awareness & Risk Identification in Probate Matters

Identifying early indicators of potential disputes, including:
Challenges to wills (capacity, undue influence, validity concerns)
Family disputes and exclusion claims
Disputes regarding adequacy of provision
Assessing potential legal remedies, including:
Section 117 applications
Equitable claims (e.g. estoppel or unfulfilled promises)
Undue influence or lack of capacity challenges
Identifying when matters are likely contentious and escalating appropriately
Advising on and managing caveats, including lodging and warning caveats where appropriate
Recognising when to involve counsel for opinion or litigation strategy
Managing client expectations and assessing merit of potential claims at an early stage
Probate related litigation in Circuit and High Court

G. Enduring Powers of Attorney (EPA) & Capacity Planning

Advising clients (elderly and non-elderly) on Enduring Powers of Attorney (EPA) and how they operate
Explaining the process for creating EPAs via the relevant online portal and documentation requirements
Assisting clients where appropriate (subject to existing client relationship and instructions), including:
Reviewing draft EPA documentation prior to execution
Meeting clients and attorneys to explain and finalise documentation
Executing documents in accordance with legal requirements
Communicating with medical professionals where required for capacity confirmation
Explaining clearly the distinction between creation, execution, and later activation/registration of an EPA
Practical Financial Support Arrangements (Non-Legal Alternatives)

Advising clients on practical, informal alternatives where appropriate, including:
ATM card access arrangements for trusted family members
Joint bank accounts for convenience and day-to-day assistance
Use of online banking with family assistance
Ensuring clients understand these arrangements are based on trust and are distinct from formal legal authority under an EPA

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