Pearse Mehigan & Co. Solicitors

provide legal services to corporate clients and individuals

Phone

(01) 280 8292

Our Wills and 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
Wardship Matters
Will Planning

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 the person 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.

Filing Capital Acquisitions Tax Returns

The Finance Act 2011 brought forward the Pay and File date for CAT from 31 October to 30 September. Therefore all gifts and inheritances with a valuation date in the 12 month period ending on the previous 31 August will be included in the return to be filed by 30 September. That means where the valuation date arises between 1 January and 31 August, the Pay & File deadline would be 30 September in that year; and where the valuation date arises between 1 September and 31 December, the Pay & File deadline would be 30 September in the following year.

Examples:

Valuation date 21 February 2011: File IT 38 and pay tax by 30 September 2011
Valuation date 6 November 2011: File IT 38 and pay tax by 30 September 2012
The rate of CAT is currently 33% and the tax free thresholds (i.e. the threshold above which a liability is due) for 2013 are as follows:

Group

Relationship to Disponer

Threshold from 1/1/2013

A

Son/Daughter

€250,000

B

Parent*/Brother/Sister/Niece/Nephew/Grandchild

€33,500

C

Relationship other than Group A or B

€16,750

Wardship Matters

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.