Our Wills & Probate team provide an extensive range of services to clients.
Dealing with the Estate of a loved one can be a stressful and emotionally trying experience. Our aim is to extract the relevant Grant, gather in the assets, and administer the Estate as swiftly and efficiently as possible with a minimum amount of stress.
The advantage of making a Will is that it allows a client to transfer his/her property to family and friends by way of a clear legal document. We offer a full Will drafting service which allows a client to update his/her Will in accordance with changes in circumstances and changes in the law.
We also deal with Capital Acquisitions Tax returns on behalf of the beneficiaries of an Estate.
At Pearse Mehigan & Company we can provide you with the following Probate Law services:
- Will Drafting & Estate Planning
- Administration of Estates – Extracting a Grant of Probate / Grant of Administration
- Enduring Power of Attorney
- Filing Capital Acquisitions Tax Returns
- Wardship Matters
A Will allows you to plan ahead and decide who is to receive your assets (property, shares, cash etc.) after your death and the importance of having a validly drafted Will cannot be overstated. Without a valid Will, legal rules of intestacy dictate how your estate is divided and these rules may not necessarily reflect your wishes.
As well as allowing you decide and plan how your estate is to be divided among your loved ones, a Will allows you prevent unnecessary distress and expense to your loved ones and provides an opportunity to minimise the tax liability on your estate allowing you to leave more to your loved ones.
Administration of Estates
Extracting a Grant of Probate / Grant of Administration
When a person dies Testate (i.e. having made a valid Will), all of their property immediately passes into the hands of the Executor(s) of their Estate. The Executor(s) is (are) the person(s) chosen by and appointed in accordance with the Will of the deceased. In order for an Estate to be divided in accordance with the terms of a Will, an application must be made to the Probate Office to extract a Grant of Probate which then enables the Executor(s) to administer the Estate.
When a person dies Intestate (i.e. without having made a valid Will) their Estate immediately vests in the High Court until such time as a Grant of Letters of Administration Intestate is obtained from the Probate Office of the High Court.
Enduring Power of Attorney
An Enduring Power of Attorney or an EPA is a legal document which enables an individual of sound mind to appoint a person or persons (called “attorneys”) to manage their property and affairs in the event of their becoming mentally incapable of doing so at some stage in the future.
An EPA is a safe way of preparing for the future. Anyone can develop medical conditions rendering them unable to manage their own affairs. Making an EPA is a practical and straightforward step you can take whilst you still have the legal and mental capacity to do so and it means that essential financial matters and important decisions with regard to your personal care will be attended to by someone appointed by you to act on your behalf and with your best interests in mind.
The main purpose of Wardship is to look after the welfare and to protect the property of a person who is no longer mentally capable of making their own decisions. A family member usually makes the request to bring about a Wardship application. If a person has previously executed a valid Enduring Power of Attorney, it is not necessary for Wardship proceedings to be brought.
When a person is made a Ward of Court, his or her assets are brought under the control of the Court so that they may be used for his or her maintenance and benefit going forward.