The first duty of an executor or administrator, usually called the personal representative, is to safeguard the assets of the deceased person. This can often create difficulty where the deceased was the owner of a business or a farm. If the personal representative cannot do so, a relative will usually take over the running of the business or farm until the it can be transferred to the person entitled or until it is sold. It is important for the personal representative to ascertain that any property is insured. The insurance company should also be informed of the death of the policy holder.

Once the Grant issues from the Probate Office the task of collecting the financial assets can commence. Banks, Credit Unions and Building Societies, will upon the production of the Grant and signed withdrawal forms, pay over the proceeds of the accounts to the personal representative. Company shares held by the deceased can be sold or transferred directly to the beneficiaries.

A will is a document in which the person signing it directs what is to happen to their property after their death. A person who makes a will is called a testator. A will has no effect until the testator dies. A testator can change a will at any time. Therefore a testator can make a number of wills. Usually a testator will specifically state in each will that all previous wills are revoked. It is the provisions of the last will which will prevail in law.

The formalities for making a will are very strict. They are set out at Section 78 of the Succession Act, 1965. A will must be signed at the end by the testator and witnessed by two witnesses. The two witnesses must be present when the testator signs and they must sign their names as witnesses in the presence of the testator. If the formalities are not observed then the will is invalid. Because a will does not come into effect until the testator dies it is essential that it clearly states what the testator intends. If there is any doubt about the meaning of the will the testator will not be alive to clarify what is meant and it will usually take Court proceedings to resolve the difficulty. To avoid these problems you should always employ a solicitor to make a will for you.