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Making a Will

At Frizelle O’Leary & Co. Solicitors in Enniscorthy, we believe that everyone should make a Will.  A Will is the only way of ensuring that your wishes will be carried out in relation to what happens to your assets after you die, and also ensures that your successors can access those assets quickly – which can be crucial in the event that outstanding bills need to be paid. It will also save your loved ones from unnecessary stress by preventing family disagreements, minimising legal costs and reducing the amount of paperwork involved. As well as specifying who gets what, a Will allows you to decide who is responsible for carrying out your wishes.
If it is necessary for you to put a Trust in place, we will explain and advise on this. A trust can care for dependent children for as long as they require financial support, and it can also benefit organisations you support, eg. charitable causes.

Rights of Spouses / Rights of Children

When you make a Will with us, we will explain all aspects clearly and concisely, including the roles of executors, administrators, trustees and guardians. You have certain legal obligations to your spouse and children, and we will explain these and ensure that your Will takes Rights of Spouses and Rights of Children into account.

Inheritance Tax

Because of the complexity of Inheritance Tax laws, it is important to get tax advice when drafting your will, to avoid unnecessary tax liabilities for the beneficiaries of your estate. We will advise you on Inheritance Tax Thresholds and will help you to make a Will that minimises the tax exposure of your successors.

Intestacy

If you die intestate, (ie. without a will), the handling of your estate may be delayed and complicated. In cases of intestacy, there are laws set down that specify who will benefit from the estate you have left behind, but these laws may not reflect your wishes and may cause upset and unpleasant surprises for those who survive you. Unfortunately many people die intestate, and in those circumstances we advise those left behind regarding the law and the distribution of the deceased’s estate.

Probate

Probate refers to the process of distributing a person’s assets after their death.  The death of a loved one is always a traumatic experience, and at Frizelle O’Leary & Co. Solicitors in Enniscorthy we help the people left behind by providing clear advice in a caring and professional manner. We advise and assist the executors in their responsibilities, which include such things as protecting assets, extracting a grant of probate, and distributing the assets according to Ireland’s Succession Act and the wishes of the deceased.
Sometimes disputes will arise in probate situations where a beneficiary feels that they have not been adequately provided for, or someone feels that they should have been a beneficiary but was left out of a Will. In cases like these, a person may choose to contest the Will. We have experience in acting for both beneficiaries and executors in relation to this, and any other type of probate dispute.

Power of Attorney

In certain cases, a person may wish to give someone authority to act on their behalf. This is called a Power Of Attorney, and can be made with or without limitations and restrictions. For example, it may be limited to a specific transaction, or a specific period of time.
With an Enduring Power of Attorney, a person gives someone else authority to act on their behalf in the event of them becoming incapable of managing their own affairs – for example after suffering a serious stroke, or developing Alzheimer’s. It only becomes legally binding if the person actually becomes incapable, but while the person remains capable of managing their own affairs, an Enduring Power of Attorney has no legal effect.
At Frizelle O’Leary & Co. Solicitors in Enniscorthy, we can advise and guide you in all aspects of setting up a Power of Attorney, or an Enduring Power of Attorney. An Enduring Power of Attorney differs from a Will – an Enduring Power of Attorney allows your chosen person to make decisions about your assets while you are alive but incapacitated, whereas a Will allows you to make decisions about your assets after your death.