Wills and Probate
- We have the experience and expertise to ensure that the process of making a Will or taking out a Grant of Probate or Administration is as uncomplicated and stress-free as possible. We provide a full range of advice on Wills and probate, in particular: Drafting Wills and Codicils
- Taking out a Grant of Probate or Grant of Administration
- Execution and Registration of Enduring Powers of Attorney
- Inheritance tax planning
- Probate related litigation
Responsibility for properly administering the estate of a deceased lies with the executors appointed under the deceased’s Will. The executors are the persons responsible for collecting in assets, settling liabilities and distributing the estate to the named beneficiaries. All of this can seem daunting, particularly in the aftermath of the death of a loved one and it is often helpful to engage professional assistance with the procedure. We have extensive experience in administering estates and we will ensure that the estate is administered correctly and efficiently.
Enduring Power of Attorney
There are two types of Power of Attorney in Ireland which people can encounter. The first is a simple “Power of Attorney” and the second is an “Enduring Power of Attorney” (or an “EPA”).
1. Power of Attorney vs Enduring Power of Attorney
In some transactions (such as property transactions), you may be asked to execute a “Power of Attorney”. This is a legal document in which you give another person the power to act on your behalf (your “Attorney”) in respect of all or certain elements of a particular transaction. Usually, these permissions are limited in scope or time – such as the power to execute a document on your behalf in respect of a certain transaction only or, alternatively, to execute documents for you for a defined period. These Powers of Attorney either expire or come to an end if you become mentally incapacitated.
An Enduring Power of Attorney, on the other hand, runs along the same lines but it is executed while you are mentally competent and only becomes effective once you are mentally incapable. The document must also be registered in the High Court for it to take effect.
2. What is an Enduring Power of Attorney?
In its simplest terms, an Enduring Power of Attorney is a document in which you appoint one or two persons to look after your affairs in the event that you are incapable of looking after your own affairs at some point in the future. Your capacity/capability in the future will be decided by your Doctor or Consultant.
The important thing to note about an an Enduring Power of Attorney is that (1) it can only be put in place while you have the mental capacity to do so and (2) it does not become effective until after you become incapable of looking after your affairs.
In Ireland, EPAs are governed by the Powers of Attorney Act, 1996 and the Enduring Powers of Attorney Regulations, 1996 (SI 196/1996) as amended by SI No. 287/1996.
3. Why should I set up an Enduring Power of Attorney?
While an Enduring Power of Attorney may never be acted upon as you may never become so incapacitated that you are unable to manage your affairs, it is a sensible precaution to put an Enduring Power of Attorney in place as it enables you to:
- appoint a person or persons of your own choosing to act on your behalf,
- it can reduce the stress of your family at an already difficult time,
- it can prevent family disputes in relation to assets and care decisions,
- it is a far cheaper and straightforward than the alternative to an Enduring Power of Attorney (a Ward of Court Application).
The common misconception is that Enduring Powers of Attorney only apply for elderly patients but this is not the case. An Enduring Power of Attorney is also suitable for situations involving acquired brain injury, psychosis or other physical and/or mental dysfunction which may have a permanent or temporary effect on a persons ability to manage their own affairs. We strongly recommend to all our clients to execute an Enduring Power of Attorney in conjunction with their Wills.
4. What does an Enduring Power of Attorney cover?
The Enduring Power of Attorney can allow your Attorney to look after either (1) your financial and property affairs or (2) your health and personal affairs or (3) all of your affairs (financial, property, health & personal affairs). The type of decisions they you may let them make on your behalf can relate to what to do with your house or investment properties, where you will live, who you will live with, your diet and dress and other very personal decisions which directly affect you and your future care. In short, you may give your Attorney as much or a little power as you choose. The decision is entirely yours. Should you have any queries in relation to any of the above services please don't hesitate to contact us and we will be happy to assist you.
