Business Legal Services

By virtue of Stephenson Burns Solicitors’ expertise in the area of Wills, Trusts, Probate, Administration of Estates, Capital Taxes, and Probate Litigation, the firm uniquely provides a wide range of consultancy advice and services to other legal and financial professionals in this specialist area.

Since the foundation of the practice, Stephenson Burns Solicitors has advised many leading Irish and foreign legal firms on these matters. The practice has also advised and acted for a range of major public and private financial institutions in Ireland and overseas.

Examples of Stephenson Burns Solicitors’ services to legal, financial, and institutional professionals are listed below. We appreciate that every practice is unique and that it has its own individual needs, accordingly we tailor our advice and services to meet the specific requirements of your firm.

Services To Professional Firms & Institutions

General Estate Administration

We can advise on any aspect of Administration from filing probate papers to queries on distribution and the application of assets according to individual requirements.

In our experience, certain types of grants cause particular problems for practitioners, and we can assist you in extracting any and all of these less common types of Grants including, for example, but not exclusively:

De Bonis Non Grants
Creditors‘ Grants
Grants to Substantiate Proceedings
Grants Pendente lite
Grant to Attorney
Grant to Committee of a person of unsound mind
Grant to Guardian of a Minor
Grant ad colligenda bona
Grant where original will is lost
Grants limited to a particular part of the estate, e.g. Trustee Grant
Section 27(4) Grants
Section 31(1) Grants

We can also act, where appropriate, as Administrators Ad Litem.

We also provide expert opinions on any specific aspect of an administration.

Contentious and Non Contentious Applications and Probate Litigation

Stephenson Burns Solicitors has extensive experience in advising on and running contentious and non-contentious proceedings for and against estates including, but not exclusively, the following:

    1. Will Challenges
    2. Proceedings re legal right share
    3. Section 117
    4. Section 63
    5. Section 67A(3)
    6. Section 121
    7. Rival Applications
    8. Citations to produce and deposit a will

Applications

  1. To prove a will in terms of a copy,
  2. To have a will probated by presumption as to its due execution,
  3. To prove a number of testamentary documents together as constituting the last will,
  4. To presume death for the purposes of extracting a grant,
  5. To set aside a caveat pursuant to section 4,
  6. Where there is doubt as to mental capacity,
  7. For a limited grant,
  8. Missing beneficiaries

Protection of Vulnerable Clients

Anne Stephenson is a co-founder and member of Solicitors for the Elderly Ireland which is an independent national association of solicitors and barristers concerned with improving the availability and delivery of specialist legal advice to older and vulnerable people, their families and carers.

Unfortunately, situations can arise where clients (or family members of clients) may need to provide protection for vulnerable individuals.

Stephenson Burns Solicitors have dealt with many situations where this is the case, and consequently has extensive experience in dealing with the following matters:

    • Drafting a will so that a vulnerable/mentally incapacitated beneficiary may be protected
    • Wardship including not only taking instructions for and preparing the documents required for application for wardship but also liaising with not only family members but the relevant medical practitioners/geriatricians.
    • Power of Attorney including general/specific powers of attorney and the preparation and registration of Enduring Powers of Attorney together with advising the donors of powers of attorney on their legal rights and the attorney on their rights and duties
    • Having Foreign Enduring Powers of Attorney registered in Ireland

Additional Services

Expert Opinions on Probate related issues

Stephenson Burns Solicitors can offer advice on all probate related queries.

Independent Administrator / Administrator Ad Litem

When issues arise in an administration and an independent administrator is required or the Statute of Limitations is running against a creditor of an estate we can offer an expeditious service to have the Grant issued without delay.

Services for Foreign Firms

Stephenson Burns Solicitors are qualified to practice in Ireland, England and Wales. We can obtain, where appropriate Irish Grants of Representation and collect in the assets together with advising on all taxes arising. Further, where an Enduring Power of Attorney has been obtained in another jurisdiction we can have that Enduring of Attorney registered in Ireland. Where appropriate, we can also act as Trustees of a will trust or inter-vivos settlement.

Preparation & Drafting of Wills, Trusts & Estate Planning

Stephenson Burns Solicitors have many years experience in the drafting of Wills and Trusts. Advance planning and careful crafting of Wills and Trusts is essential to avoid legal and tax problems in later years. 

The analysis of the potential future legal and tax consequences of inadequately drafted Wills and Trusts is an area in which Stephenson Burns Solicitors is particularly experienced, and the firm has  an expertise in the review and where necessary re-drafting of such documents to avoid or minimise future liabilities or misunderstandings.

General Administration of Estates & Trusts

Stephenson Burns Solicitors can provide all necessary legal services to Legal Personal Representatives and/or trustees and beneficiaries.

We deal with all aspects of the Administration of a deceased’s estate from preparing and filing the Inland Revenue Affidavit and all the papers necessary to obtain a Grant of Representation, dealing with all taxes arising both pre and post death, through to the final distribution/vesting the assets of the estate in the beneficiaries and the preparation of estate accounts.

We can also advise, where appropriate, on how to vary the provisions of the deceased’s will or the effect on the distribution of the deceased’s estate under the laws of intestacy by use of Deeds of Disclaimers and/or Deeds of Family Arrangement and Variation of Trusts.

Further, we can offer independent legal advice to beneficiaries and/or the surviving legal spouse/civil partner/co-habitant who are unsure of their legal position.

In addition, we can advise Legal Personal Representatives or beneficiaries on disputes arising from contested wills or disputes arising during the administration of an estate including, but not exclusively; challenges to  the validity of a will due to incapacity, undue influence and/or fraud, inadequate provision by a parent for their child and mal-administration of an estate.

As we have developed highly efficient systems to streamline the necessary processes, Stephenson Burns Solicitors can typically obtain a Grant of Representation within approximately three months from instructions and complete the administration (provided there is no litigation arising) within approximately six months.

Protection of Vulnerable Clients

Anne Stephenson is a co-founder and member of Solicitors for the Elderly Ireland which is an independent national association of solicitors and barristers concerned with improving the availability and delivery of specialist legal advice to older and vulnerable people, their families and carers.

Unfortunately, situations can arise where clients (or family members of clients) may need to provide protection for vulnerable individuals.

Stephenson Burns Solicitors have dealt with many situations where this is the case, and consequently has extensive experience in dealing with the following matters:

  • Drafting a will so that a vulnerable/mentally incapacitated beneficiary may be protected.
  • Wardship including not only taking instructions for and preparing the documents required for application for wardship but also liaising with not only family members but the relevant medical practitioners/geriatricians.
  • Power of Attorney including general/specific powers of attorney and the preparation and registration of Enduring Powers of Attorney together with advising the donors of powers of attorney on their legal rights and the attorney on their rights and duties.
  • Having Foreign Enduring Powers of Attorney registered in Ireland.