Wills & Probate
Making a will? Don’t have a will? Everyone needs help with their Wills and Probate. Let us help.
At O’Brien Ronayne we provide specialised advice and practical assistance in relation to making your will. There are many advantages to making a will, including:
CERTAINTY: Leave your assets to the people you choose
CHOICE: Choose the people who will carry out your wishes
PROTECT: Protect your family and the people who depend on you
AVOID TAX: Minimise or avoid any inheritance tax payable
DO IT NOW: It is never too soon to make a will
By making a will you take control over an event that unfortunately you have no control over. We have particular experience in drafting wills where the person making the will is caring for an individual that is unable to look after themselves (due to the fact that they are suffering with a mental or physical disability). In these types of cases it is vital that certain safeguards are put in place for when the inevitable happens.
The loss of a loved one is a very upsetting experience and can lead to a lot of stress.
At O’Brien Ronayne we guarantee to give you all the assistance you need to help you during this difficult time.
- we can take a lot of the stress of dealing with the estate from you
- We can arrange with the deceased’s bank for the prompt payment of funeral expenses out of their account.
- We can make an application to the Probate office on your behalf.
- We can advise you on the likely liability for inheritance tax (if any), and handle the sale and distribution of assets.
When someone dies it is important to seek proper legal advice and assistance in dealing with the deceased person’s estate whether by way of will or intestacy.
Below, we have a helpful guide of commonly asked questions about Wills and Probate.
A will is a witnessed document that sets out in writing the deceased’s wishes for his or her possessions, called his or her ‘estate’, after death.
What is a Probate – Probate is the legal process whereby the estate of a deceased person is dealt with (usually by a solicitor) and distributed to the beneficiaries of the will.
There are many sites purporting to offer DIY will-drafting services but it is strongly recommended that you engage the services of a solicitor to do the job for you. Legal fees typically start in the low hundreds (euro) and are more than justifiable in the scheme of things to ensure that you are leaving clear legal instructions for your loved ones.
Anyone can make a Will who has attained the age of 18 or is or has been married and is of sound mind. The capacity of persons to make a Will is set out in Section 77 of the Succession Act, 1965.
It is important that you make a Will to provide for the distribution of your property by means of a clear legal document which will take effect after you die. Making a will allows an individual to provide for the special needs of family members and can also be used with proper advice as a tax planning opportunity. If you do not make a Will you lose your chance to appoint an executor to handle your affairs and your estate will be divided in accordance with the law of the land and not necessarily in the manner which you might have wished.
If you don’t make a Will then the estate will normally be administered by your closest relative and your property will be distributed in accordance with the law of the land.
Persons chosen as executors should be trustworthy and capable and you should have confidence in their ability to carry out your wishes as expressed in your Will. They should also have a thorough knowledge of your affairs. A person will often make a close family member an executor since they are likely to have a very detailed and intimate knowledge of the deceased’s affairs.
A beneficiary should never be a witness to a Will since being a witness can invalidate the gift. Where a Will gives a gift to a person under the age of 18 years then trustees should be appointed to hold the gift for the person in question until he/she attains full age or such age as is designated in the Will.
Many people also appoint their solicitor as a second executor since the solicitor will be able to offer good advice to the other executor and assist in the processing of the Grant of Probate. A beneficiary can be and often is appointed as an executor.
When dealing with persons under the age of 18 years one must also consider the question of testamentary guardians. Executors and trustees can also be testamentary guardians.
Don’t have a will? Everyone should have one. Let us help. Call now or send us an email.
We also offer full legal services to Older Clients and Seniors. Read about these services and see if we can help you or someone in your family.
To discuss your case with a solicitor call us today on 1 800 444 332