Wills and Probate

Probate, Wills, Enduring Powers of Attorney, Care Representative Applications, Contesting a Will, Ward of Court

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 Care Representative applications, Nursing Home Loans, Fair Deal Scheme, Ward of Court Applications and contesting a will.

Making a Will Cork

  • Making a will protects and provides for your loved ones. With regards to the administration of estates making a will also prevents unnecessary stress and expense to your relations and loved ones which can occur if a will is not made.
  • A will allows a parent to appoint a guardian for their child.
  • Making a will gives legal status to what you intend to do with your assets or possessions.
  • At Hickey Dorney Solicitors we will help you make a will in the most tax efficient way for you and your family.

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    Enduring Power of Attorney (EPAs)

    • An Enduring Power of Attorney is a “just in case” document allowing you to appoint control of your personal and financial affairs to somebody you trust if there becomes a time when you cannot make these decisions for yourself.
    • You can lose your capacity in a number of different ways, whether it is through stroke, learning disability or through a range of mental illnesses, for example dementia.
    • If you have an Enduring Power of Attorney in place, the person you have appointed to act as your attorney to make care and financial decisions on your behalf can activate the Deed when you can no longer make those decisions for yourself. This saves making you a ward of court which is an expensive application. It also allows a trusted family member to look after your personal care decisions and/or financial decisions if you have so decided.
    • The Enduring Power of Attorney has no effect until 2 doctors certify that you no longer have the mental capacity to make your own decisions. The Enduring Power of Attorney can then be registered by the person you have appointed and they can take on looking after your affairs on your behalf and as you have wished. If you regain capacity, the Enduring Power of Attorney is cancelled.
    Wills and Probate Cork

    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: –

    • Running your bank accounts
    • Running your savings accounts
    • Selling or making investments
    • Paying your ongoing bills
    • Paying or selling property
    • Making your tax returns

    Personal decisions usually refer to but are not limited to: –

    • Where you should live

    • With whom you should live

    • What training or rehabilitation you should get

    • Your diet and medical needs

    • Housing, social welfare and other benefits

    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 you also list 2 people who are called notice parties. At least one of these needs to be a spouse, if your spouse is not your attorney, or a blood relative. These parties are notified that an Enduring Power of Attorney has been signed and if the EPAis activated they are notified that it is being activated and they can object if they feel it should not be activated.

    A care representative is appointed when an individual is suffering from ill health, mental condition or a physical disability and needs to apply for nursing home support.

    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: –

    • Lack of capacity
    • Undue influence
    • Failure to provide for certain family members

    (i) Children under parents will, married parent intestacy or civil partner intestacy
    (ii) Spouses and civil partners

    (iii) Cohabitants

    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: –

    • The appointed executor renounces their right to administer the estate.
    • There is a will but no executor is named.
    • The executor refuses to apply for a Grant
    • The Executor has been appointed but dies before the deceased or before they can apply for the Grant of Probate.
    • The Executor is living abroad and is not going to travel to apply.
    • The Executor is a minor, or a person of unsound mind, or is disabled and does not have the capacity to administer the will.

    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: –

    • Spouse and children/civil partner and children
    • Grandchildren
    • 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

    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 info@hickeydorney.com or telephone at 021 484 3634  for a quote.Care representative application We charge a fixed fee of €950 plus VAT & outlays. Enduring Power of Attorney We charge a fixed fee of €500 plus VAT. Will We charge a fixed fee of €60 plus VAT to draft a will on your behalf.

    Contact Us

    Please contact us by email at info@hickeydorney.com or telephone at 021 484 3634. if you would like to talk to us regarding a probate matter, enduring power of attorney, care representative application 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