Wills, Probate & Estates

Why make a will?

If you own property or have assets, it is advisable to make a will so that they are distributed according to your wishes in the event of your death. A will can also deal with the appointment of guardians and trustees, and can act as an important tax planning device.

Provided you are over the age of 18 and of sound mind, you can make a will. You will need to appoint an executor or executrix to administer your estate. Some people appoint a close family member or friend; it is also possible to appoint your solicitor or another professional.

What happens if I die without making a will?

If you do not make a will, your assets and property are divided according to the Succession Act 1965, which means your spouse is entitled to your entire estate if there are no children, and otherwise to two-thirds of it, with one-third going to your children. If you do not have a spouse, your estate goes to your children. If you are unmarried with no children, it goes to your parents, and if both parents have died, to your brothers and sisters. The law is not flexible, and it will also decide who is responsible for administering your estate.

Our areas of expertise

• Making and reviewing wills, and estate planning
• All aspects of the administration of a deceased person's estate
• Probate, and administration intestate: the process of administering the estate of somebody who died without making a will
• Inheritance tax
• The creation of trusts, from a simple trust will for children under 18 or 21 to more complex trusts for vulnerable persons
• Powers of attorney and enduring powers of attorney
• Contentious trust and probate issues, and advising on rights in relation to estates and trusts
• The Nursing Home Support Scheme (Fair Deal), which provides financial support for people assessed as needing long-term nursing home care

Assisted decision-making

The Assisted Decision-Making (Capacity) Act 2015 substantially changed the law for vulnerable people who need support with decisions. Under the Act, capacity is assessed on the basis of a person's ability to understand the nature and consequences of the particular decision to be made. A person is taken to lack capacity if they are unable to understand the information relevant to the decision, to retain it long enough to make a voluntary choice, to use or weigh it as part of making the decision, or to communicate the decision by any means.

Importantly, capacity is decision-specific and time-specific: lacking capacity on one matter, or at one time, does not mean a person lacks capacity on another matter or at another time. The Act creates "interveners" to support the relevant person while enabling their voice to be heard and their wishes followed where possible, and it replaces the old wardship jurisdiction.

Costs

Our fees for drafting and engrossing a will are:

Single person

€350 plus VAT

Married couple

€500 plus VAT

Fees are subject to your instructions and what those instructions require. Please contact us for the current Capital Acquisitions Tax threshold amounts, which change from time to time.

Probate

We offer a full probate service in the event of a death, including preparation of the Inland Revenue Affidavit and Probate Office papers, and we will answer any queries arising in the administration of the estate.