McDermott Byrne Solicitors



+353 91 861860

Probate and Administration of Estates

Mary McDermott LL.B., partner in McDermott Byrne Solicitors, has over 20 years experience in dealing with probate and the administration of estates. Probate and administration matters are usually sensitive, sometimes difficult and often complicated. Mary is widely regarded for her professionalism and tact in handling such matters and, whatever the issue, she will provide you with compassionate and efficient assistance. Some of the areas in which you may require assistance are as follows:


Making a Will:

Many people do not realise the importance of making a Will. Where a valid Will is available, it serves to protect loved ones and to prevent unnecessary expense. A Will is a formal document which must be able to withstand legal scrutiny. A valid Will can therefore be quite a complex document to draft and it is important that you engage a Solicitor who can help you with this process. At McDermott Byrne we are happy to advise you on, or assist you with any aspect of your Will.


Grant of Probate:

If there is a valid Will in existence, your Solicitor will be able to assist you in making application to the Probate Office or District Probate Registry for the purpose of:

(a) certifying that the Will is valid,

(b) ensuring that all legal, tax and financial matters are in order, and

(c) distributing the deceased’s estate.


Grant of Administration:

If the deceased has died without making a Will, the deceased is considered to have died ‘intestate’ and the rules on intestacy take effect. In this instance, your Solicitor will help you obtain a Grant of Administration (instead of a Grant of Probate) for the purpose of gathering and distributing the assets of the deceased.

Contesting a Will:

In certain circumstances, a client may wish to challenge the Will of a deceased person, for example where the deceased lacked the mental capacity necessary to make the Will, or where the Will does not make proper provision for family members. Your Solicitor will be able to advise you (a) if you have the right to challenge a Will, and (b) of the particular grounds on which that Will can be challenged.

Enduring Power of Attorney:         

A person (the ‘Donor’) may wish to appoint a trusted relative or friend as their ‘Attorney’ by executing an Enduring Power of Attorney (the ‘EPA’). The responsibility of the Attorney is to handle the Donor’s personal and financial affairs if the Donor loses his or her capacity to take care of these affairs. Once the EPA has been executed it cannot take effect until it has been medically proven that the Donor has lost capacity to handle his own affairs. Only after it has been proved that the Donor has indeed lost capacity to look after his affairs can the EPA be registered in the High Court. There are many benefits to executing an EPA and your Solicitor will help you with the process and, if necessary, will assist the Attorney with the registration process in the High Court.



  • McDermott Byrne Solicitors, Lock House, 12 Upper Dominick Street Galway, Ireland
  • +353 91 861860
  • +353 91 860855