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What is Probate?

The Grant of Probate is the legal document issued by the Probate Registry which confirms that the executors of the Will have the legal authority to deal with the estate.

Related FAQs

What is arbitration?

Arbitration is a method of private dispute resolution that can be used to settle private family disputes. A family arbitrator is appointed and paid for by you and your partner (whether married or not) to make a decision that is binding. The family arbitrator listens to both sides of the dispute and then comes to a decision. This decision can be made into an Order by the Court, meaning it has to be upheld.

Family arbitration can be used to help separating couples resolve disputes relating to finances, property, child maintenance and arrangements concerning children (such as where and with whom they live; who they spend time with and, their schooling).

Family arbitration is likely to produce a result more quickly and it can be more cost effective than using the court process to resolve your dispute. Your lawyer can attend your arbitration sessions and support you throughout.

Will I have to go to court?

The vast majority of disputes settle without ever reaching a final hearing with something in the region of 2-5% of all cases actually ending up in court at a final trial.  So whilst it is very unlikely you would need to attend a court hearing, it is always a possibility.

Should we stop employees working from home?

No, government advice remains that if employees can work from home, they should continue to do so in order to minimise social contact across the country in order to keep infection rates down.

What happens if the injured person cannot speak to a lawyer?

We are quite used to situations where the injured party is unable to speak because they are in ITU or have suffered a brain injury. In a case like this we would speak to the person wishing to represent the injured party and give the relevant advice and information to enable them to begin the claim on the injured persons behalf.

Is it possible to proceed with a hearing in person for any COP matters?

Any hearings attended in person will need to be approved by the judge hearing the matter, if necessary, in consultation with the regional lead COP judge. Such requests are highly unlikely to be granted during COVID-19 unless there is a genuine urgency. However, it is deemed to be appropriate matters are likely to be adjourned on the basis that a remote hearing is not possible and a hearing in person is not safe or possible.