Wills / Probate / Enduring Powers of Attorney
A Will is a legal document setting out how all of your assets will be distributed after your death.
A Will is important so that you choose a person (an executor) to carry out your instructions under your will, and how you would like your estate to be distributed.
You can also appoint trustees, and guardians if you have children, to look after them.
Making a will can reduce the tax paid by beneficiaries and also makes dealing with the estate a lot easier.
We can provide advice and tailor the Will to your personal circumstances.
Probate
A re-mortgage / re-finance of a property involves a switch of a mortgage / loan provider.
Probate is the process whereby a Will is proved after the person’s death. Assets and liabilities are ascertained and a Grant of Probate is usually issued by the Probate Office.
The assets are collected and they are distributed to the beneficiaries under the Will and estate accounts are produced.
If there is no Will, then a person’s estate is administered according to law.
We will assist you with the administration of a person’s estate from start to finish.
Enduring Powers of Attorney
An Enduring Power of Attorney (EPA) is a document to allow a person (the Donor) appoint another person (an Attorney) to look after his/her affairs and make decisions about their welfare, if in the future they become permanently mentally incapacitated.
The Powers of Attorney Act 1996 and the Enduring Powers of Attorney Regulations 1996 (SI No. 196/1996) as amended by SI No. 287/1996 govern Enduring Powers of Attorney.
The Assisted Decision-Making (Capacity) Act 2015 will change the definition of capacity. Previously capacity was assessed on a status basis. It can now be assessed on a functional basis.
Creating an Enduring Power of Attorney document is an important document to allow family members or other appointed attorneys access to property or assets for the purposes of the care of a person who is no longer capable of making decisions.
We will provide advice and assistance in relation to the creation of the document and to subsequent registration, if registration is required.
Ward of Court
If a person becomes incapable of managing his or her own assets or affairs, and does not have an Enduring Power of Attorney in place, an application can be made to the High Court to make that person a Ward of Court.
If the High Court finds that the person is incapable of managing his or her own affairs, then the person will become a Ward of Court. A Committee will be appointed to look after the Ward’s assets, subject to the close supervision of the Court.
We can provide advice and assistance in relation to the application necessary to have a person made a Ward of Court.
HSE Nursing Home Support Scheme / Care Representatives
The Nursing Home Support Scheme Act 2009 makes provision for a system of financial support from the HSE for those in need of long term residential care. Where a person does not have full mental capacity to make the decisions and complete the paperwork and documentation necessary for the Nursing Home Support Scheme application then another person, known as a “Care Representative” is appointed by the Circuit Court on their behalf, to make the application.
We can assist you with this process.
Probate Litigation
On occasion, there may be disputes in relation to a person’s Will or their estate. Probate proceedings may be required to protect a beneficiary’s position and litigation may be necessary.
We can provide advice in relation to the options available.
Law Relating to the Elderly
The law relating to the elderly is the same law which applies to other individuals, however there may be additional safeguards required to ensure a person’s interests are protected as their requirements change during life.
We provide independent advice and assistance.