Mary Molloy SolicitorsProbate · Estates · Kilkenny
Insights

Writing on Irish probate

Twenty articles in four collections, written from practice: how farms, contested wills, executors and cross-border estates are actually dealt with in Irish probate.

Farm Estates

Succession, intestacy on the land, estate sales and the farming heir.

The Farming Heir and Section 117: When the Other Children Test the Will

How section 117 claims play out in farm estates: the moral duty test against lifetime provision, defending the succession plan and the evidence that decides these cases.

Intestacy on the Family Farm: What the Statute Does to a Holding

What happens when a farmer dies without a will in Ireland: the statutory shares, the successor's position, family arrangements and estoppel claims.

Selling Land Out of an Estate: The Personal Representative as Vendor

How estate sales of farmland work in Ireland: the personal representative's authority, family purchasers, marketing and valuation discipline, and title problems that surface at contract.

Entitlements, Stock and Machinery in Probate: The Farm Assets Beyond the Land

Dealing with scheme entitlements, livestock, machinery and co-op shares in Irish estates: valuation, interim management and transfer to successors.

The Farmhouse and Rights of Residence: Providing for a Spouse Without Breaking the Farm

Rights of residence, life interests and section 56 appropriation: how Irish farm estates provide for a surviving spouse while the land passes to the successor.

Contested Estates

Capacity, undue influence, caveats, defending executors and costs.

Capacity Challenges and Medical Evidence: How Courts Decide What a Testator Understood

Testamentary capacity disputes in Ireland: the classic legal test, medical records and expert evidence, the golden rule for elderly testators and how capacity cases are actually proved.

Undue Influence in Practice: Coercion, Dependence and the Wills That Result

Undue influence challenges to Irish wills: what must be proved, the fact patterns courts recognise, and how it differs from capacity and want of knowledge and approval.

Caveats and Warnings: The Procedural Opening of a Probate Dispute

How caveats work in Irish probate: lodging, warnings and appearances, when a caveat is the right move, and the costs risk of lodging one without grounds.

Defending an Executor: When Beneficiaries Turn on the Personal Representative

Acting for executors under attack: answering complaints of delay and partiality, the protective power of documentation, and when to seek the court's directions.

Costs in Probate Litigation: Who Pays for the Fight Over an Estate

How costs work in Irish contested probate: the traditional exceptions, when the estate pays, when losers pay, and how costs discipline should shape strategy.

Process and Executors

The executor's year, the SA.2, assents, renunciation and personal applications.

The Executor's Year: What It Protects and What It Does Not

The executor's year in Irish probate: why beneficiaries cannot compel early distribution, what duties still run from day one, and when delay stops being reasonable.

Personal Probate Applications vs Using a Solicitor: An Honest Comparison

When a personal probate application makes sense in Ireland and when it does not: the personal application process, its limits, and the estates that genuinely need professional handling.

The SA.2 Stage: The Statement of Affairs That Opens Every Probate

The Statement of Affairs (Probate) Form SA.2 in Irish estates: what it contains, the information executors must gather, and why accuracy at this stage governs everything after.

Assents and Registering Title: Getting Estate Land Into the Right Names

How land passes from an estate to beneficiaries in Ireland: the assent, registration, first registration triggers, and the title problems administrations should fix rather than pass on.

Renouncing as Executor: When Saying No Is the Right Answer

Renunciation of executorship in Ireland: how and when to renounce, why intermeddling closes the door, reserving rights among multiple executors, and the estates where refusal is wisdom.

Cross-Border and Trusts

Two-grant estates, foreign executors, will trusts and digital assets.

The UK-Irish Estate: One Death, Two Grants

Administering estates with assets in both Ireland and Britain: which grant leads, proving the will twice, moving funds between administrations and the post-Brexit practicalities.

The Foreign-Resident Executor: Extracting an Irish Grant From Abroad

How executors and administrators living outside Ireland extract Irish grants: documents executed abroad, administration by correspondence, and the practical points that cause delay.

Second Grants and De Bonis Non: Finishing Administrations That Stopped Halfway

Grants de bonis non and second grants in Irish probate: what happens when a personal representative dies mid-administration, the chain of executorship, and unadministered estates behind farm titles.

Will Trusts for Vulnerable Beneficiaries: Providing Without Endangering

Discretionary will trusts for children and adults with disabilities in Ireland: why direct gifts can harm, how the trust is structured, and the trustees' long duties.

Digital Assets in Estates: Accounts, Coins and the Passwords Nobody Left

Administering digital assets in Irish estates: online accounts and platforms, cryptocurrency, access and succession problems, and what testators should record now.