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PROBATE/WILLS/EPA's

Wills & Probate

 

Advising, drafting and negotiating
wills and probate agreements.

It is estimated that 33% of people die in Ireland without having made a will. This can often cause hardship for those left behind and can cause long delays in sorting out the deceased’s affairs. Most people intend to make a will but just never get around to it. Now is your chance!
If you answer yes to any of the following questions, you should consider making a will.
Do you own a house? If so this is a significant asset and it is important that you set out clearly what should happen to it in the event of your death.
Are you married? If you have recently married, or intend to get married in the near future, it is important to make a will or review your old one. On marriage all previous Wills are considered revoked.
Do you have children? If the answer is yes you will want to leave specific instructions to provide for their care both physical and financial.
Are you in a long term relationship? This is a complicated area, as in the event of you dying intestate (without making a will) the state will not recognise (as they do with married couples) the other persons right to inherit the estate. If you wish to make provisions for your partner in the event of your death it must be done so by making provisions in your will.

A Will is one of the most important documents you will ever sign so it is vital that you receive proper legal advice.

You can make a Will at any stage in life but you should make a will if you:
- get married – previous Wills are revoked when you get married.
- become separated or divorced.
- have children.
- buy a house or inherit money.
- Start a business.

Have you lost a Loved One?
Byrne and Company can help guide you through the administration of their estate whether or not a will was made. We aim to provide a client focused service so as not to further complicate this already stressful and difficult time for you and your family. We also have expertise in contentious matters and actions taken against the estate.

Enduring Power of Attorney (EPA)

What is an EPA?
An Enduring Power of Attorney (‘EPA’) is a Legal Document which enables you (the ‘donor’) to choose one or more people (your ‘Attorney’), to manage your property, your financial affairs and your personal care decisions in the event of you becoming mentally incapable of doing so.

Why is it important to create an EPA?
Obviously, you should act now in order to make provision for your future needs in the event that you become mentally incapable, for example as a result of a progressive illness or due to a serious accident. 

Creating an EPA while you have the necessary mental capacity to do so is therefore a prudent and financially sound decision over which you have control.

Wardship
We do also deal with Wards of Court Applications. If you are no longer capable of managing your own affairs and EPA has not been executed an application may need to be made to the High Court to make you a Ward of Court, whereby the High Court and the Wards of Court Office effectively take control of your property and affairs in order to protect them on your behalf.