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Wills & Probate

Providing the best information for Wills & Probate law

Looking for the best advice for Wills and Probate law in Drumcondra and surrounding areas of Dublin? Read our guides to the areas we cover:

  • Preparation & Advice on Making a Will: Making a Will in Ireland is a vital legal step in ensuring that your assets are distributed according to your wishes after your death. A Will outlines how you want your property, money, and possessions to be divided among your beneficiaries. Seeking legal advice when preparing a Will ensures that it is drafted correctly, taking into account legal formalities and potential tax implications. Additionally, legal guidance can help address complexities such as blended families, international assets, and trusts, ensuring that your will accurately reflects your intentions and provides for your loved ones.
  • Administration of Estate – Testate (with a Will) or Intestate (without a Will): The administration of an estate in Ireland involves the legal process of settling a deceased person’s affairs, including distributing their assets and settling any debts or taxes owed. If the deceased person left a valid Will, their estate is administered according to the terms of the Will (testate). If there is no Will or the Will is deemed invalid, the estate is administered according to the rules of intestacy (intestate). In either case, the estate administration process may involve applying for probate or letters of administration, gathering and valuing assets, paying debts and taxes, and distributing assets to beneficiaries. Legal assistance is often sought to navigate this process efficiently and ensure compliance with legal requirements.
  • Powers of Attorney – Ordinary Powers of Attorney or Enduring Powers of Attorney: Powers of attorney in Ireland are legal documents that grant authority to another person (the attorney) to act on your behalf in financial or personal matters. Ordinary powers of attorney are typically used for specific purposes and may be limited in scope and duration. Enduring powers of attorney, on the other hand, continue to be valid even if the person granting the power (the donor) becomes incapacitated or mentally incapable. These documents are crucial for ensuring that someone trustworthy can manage your affairs if you become unable to do so yourself due to illness or incapacity. Legal advice is essential when drafting powers of attorney to ensure that they meet legal requirements and effectively reflect your wishes. By way of recent development on the area of Enduring Power of Attorney (EPA), the Assisted Decision Making (Capacity) Act, amended the Enduring Power of Attorney Act, 1996 allowing for the creation of the Decision Support Service (DSS) and that any EPA made after the 26/04/2023 must now be registered with the DSS within 3 months of being made.
  • Wards of Court Applications: In Ireland, the High Court has the authority to make decisions on behalf of individuals who are deemed incapable of managing their affairs due to mental incapacity or other factors. When someone is unable to make decisions for themselves, they may be made a ward of court, and the court appoints a committee to make decisions on their behalf. Wards of court applications involve applying to the court for a declaration of incapacity and seeking the appointment of a committee to act in the person’s best interests. These applications are complex and may involve medical evidence and assessments of capacity. Legal representation is often necessary to navigate the wards of court process and ensure that the person’s rights and interests are protected.

30 Drumcondra Rd Upper
D09 FT7K

DX 101 001 Drumcondra

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