Dublin City Solicitors

Wills, Estate Planning, Enduring Power of Attorneys (EPA’s) and Wards of Court


Eamonn J. Walsh & Co Solicitors are available to provide you with expert advice and legal services in relation to making a Will, Estate Planning, making an Enduring Power of Attorney (EPA) and Wards of Court applications. We will guide you through the process in an efficient and effective manner. You can start by telling us your query or call us on ?, Email us at info@ejwalshsolicitors.ie or we can call you back. After discussing your situation with you, we can advise how to proceed. We look forward to hearing from you.


Wills, Estate Planning, Enduring Power of Attorneys (EPA’s) and Wards of Court

Our Probate and Administration services include;

 

  • Probate and letters of administration (intestacy)
  • Making a Will
  • Contesting a Will
  • Enduring Power of Attorney
  • Wardship
  • Services for International Lawyers and Non-Residents

 

Probate


A grant of probate in Ireland (where there is a will), or letters of administration (where there is no will), is normally required before the estate of a deceased person can be distributed. The estate can consist of property, money or other possessions.


A grant of Probate or letters of administration authorises the executor of a will in Ireland or the administrator to deal with the assets and pay the estate’s debts before proceeding to distribute the assets under the will or under the rules of intestacy.
You should bring the following to your first meeting with your solicitor:

 

  • The Will, a copy or the whereabouts of same (we can make arrangements for its retrieval)
  • Death Certificate. This is available from the local Registry of Births, Marriages and Deaths. If the certificate is not immediately available we can source it later.
  • The deceased's papers as you can find which are relevant to property, financial or related matters. These include bank statements, title documents, insurance policies, bills etc.
  • Funeral account, hospitality bill etc.
  • The deceased’s PPS Number.
  • Names and addresses of the next of kin.
  • Any other information you deem relevant including online or virtual status

 

Beneficiaries


The persons entitled to inherit under the Will or Intestacy are known as beneficiaries and their details, including PPS numbers and previous inheritances, must be included in the probate papers. In addition, Capital Acquisitions Tax (inheritance tax) returns must also be made on behalf of each beneficiary who inherits a certain value of inheritance. In addition, the Executor or Administrator may be liable for such tax if the beneficiary defaults or is non-resident and thus the Executor or Administrator must ensure that the tax situation is reviewed fully.


Time Scales


In general, most Grants are obtained within a 9-12 month period from receipt of all relevant information. Once the Grant of Probate/Letters of Administration (intestacy) is issued from the Probate Office, it is sent to the various financial institutions and the assets of the Estate are collected. These assets are then distributed after all the debts and liabilities of the estate are discharged. In the event of any queries arising in relation to the Will or the Will being contested, the process can take longer. If the Probate office requires clarification of any issue in a Will, it may be necessary to trace witnesses and procure affidavits.


Generally an Executor/Administrator has 12 months from the date of death to deal with the Estate. After that the beneficiaries may be entitled to query delays and may apply to carry out the administration themselves if they feel that the existing Executor/Administrator is not performing adequately.


“Rules of Intestacy”


The rules of intestacy are included in the Succession Act 1965. They apply when a person dies without a valid will, or to a small invalid section of an otherwise valid will. The division of property is as follows (where it reads spouse, also read civil partner):

 

  • Spouse and Children/Civil Partner and Children
  • Grandchildren
  • Great-Grandchildren
  • Great-Great Grandchildren
  • Parents
  • Brothers and Sisters
  • Nieces and Nephews
  • Grandparents
  • Uncles and Aunts
  • Great-Grandparents
  • First Cousins/Great Uncles and Aunts / Great Nephews and Nieces
  • Great-great Grandparents

 

You can start by telling us your query by calling us on 01 440 7390, Email us at info@ejwalshsolicitors.ie or we can call you back. After discussing your situation with you, we can advise how to proceed. We look forward to hearing from you.

 

Making a Will


Eamonn J. Walsh & Co Solicitors are available to provide you with expert advice and legal services in relation to making your Will. You can start by  making an appointment by calling us on 01 440 7390, Emailing us at info@ejwalshsolicitors.ie or we can call you back. After discussing your situation with you, we can advise how to proceed. We look forward to hearing from you.

 

Wardship/Ward of Court


Where an individual can no longer make decisions for him/herself, then the only option open to the family is to apply to the High Court to make the individual a Ward of Court. The Wardship procedure is complex. A committee (usually the applicant) is appointed to deal with a person’s affairs when that person no longer has the capacity to do so themselves. 
The Wardship procedure is commenced in the High Court. The High Court will direct an inquiry into the capacity of the individual prior to determining whether the individual should be taken under the protection of the Court. Two doctors will be required to provide evidence of the incapacity of the individual. If the Court is satisfied that the matter should proceed further, then the individual will be medically examined and a report furnished to the High Court on the capacity of the individual. If no objections are then filed, a “Declaration Order” may be made declaring the individual to be of unsound mind and incapable of managing his/her affairs and taken into Wardship.


The order will also appoint named persons usually the next-of-kin as the Committee of the Ward. All of the Wards funds and/or assets are then lodged with the Accountant of the High Court, and he will have the responsibility for these funds. The appointed Committee of the Ward of Court will oversee the Ward’s wellbeing and liaise with the Registrar of the Ward of Courts regarding their needs and requirements.


Eamonn J. Walsh & Co Solicitors are available to provide you with expert advice and legal services in relation to making an EPA or dealing with a ward of court application. You can start by making an appointment by calling us on 01 440 7390, Emailing us at info@ejwalshsolicitors.ie or we can call you back. After discussing your situation with you, we can advise how to proceed. We look forward to hearing from you.