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: -
- Drafting your Will;
- Creation of Trusts;
- Advising on any adverse tax consequences;
- Succession Planning
- 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.
