Terms & Conditions

Market St, Killorglin, Co Kerry

Thank you for using theprobatehub.ie probate query service.  Just some terms and conditions.

For the purpose of these terms and conditions the following terms apply

Definitions

“you” “your” or like terms means you the solicitor who avails of the service and fills out the query form or sends us an email.  

“us”, “we” or like terms refers to Colm Kelly t/a Colm Kelly solicitors and/or theprobatehub.ie

Other terms are defined herein.

Terms

Nature of the Service

The probatehub.ie service (the “Service”) is designed as a once off service to help you with your probate or will drafting query.  You might need a sense check on an oath, or are stuck with a foreign element.  It might be a tax query or a litigation query.  We deal with them all.

Charging and Payment

Our normal fee is €300 + VAT per query.  If the matter is very involved and going to be more than that, we will inform you as soon as may be possible.  It is not always possible at the start of a query to inform you whether there will be an increase in our normal fee arrangement.  We conduct an initial sense check of your query and let you know whether it qualifies for the service.

If you require us to provide a document or amend a document, then our fees are €500 + VAT.  If you require something drafted by us, then this is included in this document fee.  It could be for example an oath or a disclaimer.  Again, if the drafting is more involved we will let you know.  So for example, if there were a number of disclaimers required, that may affect the fee.  We charge €500 + VAT for all blank precedents (again depending on the nature and the complexity of the document involved).

We also offer a pack of documents for foreign cases. This includes, the oath, affidavit of laws, power of attorney and affidavits to deal with translations. Our fees for this matter are €999 +VAT

Fees must be paid in advance.  We will prepare all documents and let you know when they are ready. The advices/documents will be released to you on payment. If there is a particular circumstance where fees must be paid at a later time, please let us know and we can assess the matter.

Invoices will be made out to your firm.  VAT will be displayed on all invoices

Who is our client?

If you are a solicitor in practice, you agree that by completing the form online or sending us an email you have the agreement of your firm to bind the firm and by using this service you have entered into a binding agreement to bind your firm.

Please note, your client is not our client.  Your firm is our client.  We provide no advice directly to your client and no contractual arrangement is entered into between your client and us.

 

Disclaimer and Warranty

While every effort is made to provide accurate and correct advice, the nature of the service is that many of the queries can relate to unusual cases or circumstances which have not arisen before.  Further, the nature of some of the queries relate to title drafting or other oath queries.  While we base our responses from experience, it can be the case that different probate officers may take a different approach on a matter and so, we cannot guarantee that an oath submitted on our advice will not be queried or rejected by the Probate Office. Our maximum liability to you for all matters related to the Service, whether in contract, tort or otherwise is the fees paid by you for the Service.  All warranties whether express or implied are here excluded to the maximum extent permitted by law.

Re-use of information

If your query involves a novel point of law or there is research involved, we reserve the right to use the knowledge obtained through your query for further purposes such as the basis of information sharing to other colleagues. This will be on an anonymous basis and in general terms. Our advice is provided to you in the context of your solicitor-client service. While you are entitled to utilise the information gained for further work, you are not entitled to pass on the advice to other colleagues or third parties other than say for example tax or accounting advisors involved in a particular file.

Processing of Personal Data

Please note that the information provided to us by you may also include personal information of your client. You confirm that by using our service that your client has consented to the use by us of your client’s information or that the personal information is provided to us for processing on a basis that is compliant with the General Data Protection Regulation. We will only process your clients personal information or any personal information provided to us for the purposes of providing our contract with you. We will not disclose such personal information to any third party nor retain such personal information longer than required.

Anti Money Laundering

As part of your instruction to us, you warrant and represent to us that you have conducted all necessary investigations and customer due diligence for the purposes of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010.  

Miscellaneous

The probatehub.ie is the trading name of Colm Kelly solicitor, Market St, Killorglin, Co Kerry.

By ticking the checkbox on our website theprobatehub.ie and submitting our query or emailing us, you agree to be bound by these terms governing the Service.

These terms and the Service are governed by the law of Ireland and the courts of Ireland shall have jurisdiction with respect to their interpretation or any matter arising.