Our Solicitors can assist in taking your instructions for Estate Planning that may relate to a family-run business, a farm, properties, or advising in decisions which might involve children or family members with special needs. It is important that you consider making your Will with the benefit of legal advice so that your wishes are protected and decisions are fully informed. In this way you can be confident that there can be no dispute arising on death.

Where a Will has not been made; on death, you will be deemed to have died intestate (without a Will) and the results on intestacy may not reflect your wishes or may have undesired consequences for those entitled to benefit. At Ferrys LLP, we understand the daunting task of executing your Last Will and Testament but in our experience, once the Will has been drawn up and executed, there is often a sense of relief on having something that might have been on your mind for a long time!
Please contact any of our four offices across Dublin to discuss making your Will with our experienced Solicitors where we can assist in: -

  1. Drafting your Will;
  2. Creation of Trusts;
  3. Advising on any adverse tax consequences;
  4. Succession Planning
  5. Inter-vivos (during one’s lifetime) transfers.

We can advise and assist you in creating an Enduring Power of Attorney (“EPA”) which is kept safe until it becomes necessary to register the EPA should you lose capacity or be involved in an accident which makes it impossible to manage your own affairs. Fortunately, many people create an EPA and the EPA will never require registration. Sadly, when a family member receives a life-changing diagnosis or loses capacity by virtue of an unforeseen incident, an EPA can be of great assistance to your family members whereby the people you trust are appointed your Attorneys by the registration of the EPA. This can only be done where a Doctor confirms that you no longer have your decision making function. This gives them decision making powers over your affairs and property and they will have been advised on the creation of the EPA from the outset meaning that generally there would be an open conversation about your ongoing care.

An EPA keeps decision-making between families and is more often than not a smoother process than having a person made a Ward of Court.

We advise the person creating an EPA and the Attorneys when the EPA requires registration or registered.

Please contact our offices to discuss making an Enduring Power of Attorney.

Unfortunately a family member, friend or relative may receive a diagnosis or it might become clear that they are no longer able to take care of themselves or make fully informed decisions. Where this happens and that person has not made an Enduring Power of Attorney, a High Court Petition to have that person made a Ward of Court will be required. This means that the person is made a Ward of Court and a family member, friend, relative is appointed as the Committee or the General Solicitor of the Wards of Court Offices is appointed to make decisions over the Wards’ affairs and property. All decisions to be made must be approved by High Court Order. All funds belonging to the Ward are lodged in Court for that person’s protection. The person to be made a Ward of Court is medically assessed and two reports are prepared on that person’s behalf and often the Court will have the person assessed also.

The law on Wardship proceedings is due to change from mid-2022 with the full commencement of the Assisted Decision-Making (Capacity) Act 2015 which will abolish the current law on Wardship Applications.

Should you have any concerns about a family member, please contact our offices to make an appointment to see one of our Solicitors who can assist.

It is important that you consider making your Will with the benefit of legal advice so that your wishes are protected and decisions are fully informed.