Wills and Probate
Probate, Wills, Enduring Powers of Attorney, Decision Support Arrangements, Decision Making Assistance Agreements, Co-Decision Making,, Agreement Decision Taking, Representation Order and Advanced Healthcare Directives.
Carol Hickey of Hickey Dorney Solicitors has 25 years experience in general practice which includes drafting wills, extracting Grants of Probate, Grants of Administration Intestate, drafting Enduring Powers of Attorney and making Decision Support Arrangements, Nursing Home Loans, Fair Deal Scheme and contesting a will.
Hickey Dorney look after:
A. Decision Support Arrangements
(i) Decision Making Representation Orders.
(ii) Decision Making Assistance Agreement.
(iii) Co-Decision Making Agreements.
(iv) Advance Healthcare Direction.
(v) Capacity applications.
B. Advance Planning Arrangements
(i) Advance Healthcare Directive
Making a Will Cork
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Enduring Power of Attorney (EPAs)

When Should I Set One Up?
Once you are over 18 you can put one in place. However, it is advisable as you get older that you have an Enduring Power of Attorney in place in the event that an accident or illness suddenly takes over and you can no longer make your own decisions. It would be too late then to put an EPA in place. The best advice is to set one up when you are healthy and have the mental capacity to do so.
Powers You Will Give to Your Attorney
It is important to choose carefully the level of decision making power you give to your Attorney as the EPA can cover both your personal and financial decisions.
Financial decisions usually refer to but are not limited to: –
Personal decisions usually refer to but are not limited to: –

Choosing Your Attorney’s
This is an important step of making the Enduring Power of Attorney as you are handing over a significant amount of responsibility to the persons you choose. Usually, the person appointed to make your personal and financial decisions are your next of kin. It can be of benefit to appoint more than one Attorney.
Most people appoint one or two attorney’s. Some people also appoint substitutes. If you appoint more than one attorney to act on your behalf, then you must make a decision on how they are to act i.e making decisions independently/separate from each other/jointly.
Notice Parties
In the Enduring Power of Attorney you appoint your Attorney but also must serve a Notice on Notice Party’s. If you have children you must serve notice on all your children and if you have a spouse and your spouse is not your Attorney your spouse must be a notice party. These party’s are notified that an Enduring Power of Attorney has been signed and if the EPA is activated they are notified that it is being activated/registered and they can object if they feel it should not be activated/registered. All Enduring Powers of Attorney are now made through the Decision Support Service and all new Enduring Powers of Attorney are activated or registered through the Decision Support Service. Hickey Dorney Solicitors can help you through the process.
Contesting a Will
Hickey Dorney Solicitors are available to provide you with expert advice and legal services in the area of contesting a will.
Some of the common grounds for challenging a will include: –
(i) Children under parents will, married parent intestacy or civil partner intestacy
(ii) Spouses and civil partners
The time limits on Court applications are limited, usually only 6 months from the date of the Grant so obtaining early advice is recommended.in contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement
Probate
When a person dies and leaves a will it outlines their assets and how they want them to be divided and appoints an executor to take out the Grant of Probate. The Executor is in charge of making sure the wishes contained in the will are carried out. It is their job to obtain a Grant of Probate, gather the assets of the deceased, pay any debts, funeral expenses and distribute the estate to those entitled as set out in the will.
Types of Grants issued by the Probate Office
1. Grant of Probate
A person applies for a Grant of Probate where a will has been made and an Executor has been appointed. The Executor administers the Estate in accordance with the will.
2. Grant of Administration
A Grant of Administration is applied for when someone dies without having made a will. In this case the person who will handle the deceased’s estate is called the administrator. The person who is entitled to extract the Grant of Administration is decided on the date of death of the deceased. Under Irish law, the nearest blood relative of the deceased on the date of death is the person entitled to extract the Grant. The rules of intestacy will decide what next of kin will inherit and what shares they will receive.
3. Grant of Administration with Will Annexed
A Grant of Administration with Will Annexed is issued in cases where: –
If There is No Will/Rules of Intestacy Apply
If there is no will the rules of intestacy will determine who is entitled to inherit and generally provide which next of kin will inherit. The person entitled to inherit from the deceased will also be entitled to apply for the Grant of Administration Intestate from the Probate Office.
Rules of Intestacy provide the order in which family members are entitled to inherit
where there is no will. The order is as follows: –
The Small Estates Procedure
This procedure allows estates with a value under €25,000.00 to be administered without the need for a Grant of Probate/Grant of Administration.
Legal fees/costs*
Before we start or commence administering an estate we will always agree a fixed fee in advance with you. You will know what the fees are and how they are going to be calculated. Please contact us by email at [email protected] or telephone at 021 484 3634 for a quote. Enduring Power of Attorney We charge a fixed fee of €600 plus VAT. Will We charge a fixed fee of €100 plus VAT to draft a will on your behalf.
Contact Us
Please contact us by email at reception@hickeydorneysolicitors.com or telephone at 021 484 3634. if you would like to talk to us regarding a probate matter, enduring power of attorney, decision support arrangements or have your will drafted. *in contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement *terms and conditions apply