Wills, Probate and Enduring Power of Attorneys

Wills

De Búrca Solicitors can expertly guide you through the process of a making a will and comprehensively advise you in relation to any legal or taxation issues arising. We provide a personalised service which will ensure a smooth passing of wealth and assets from one generation to the next and in the most tax efficient way possible.

Probate and Administration of Estates

The death of any person is a traumatic experience and we do our utmost to assist during that difficult period by providing clear advice in an effective and sympathetic manner in terms of administering the estate.

Probate Actions

We have acted on behalf of parties bringing claims against estates and also on behalf of the parties defending such claims against the estate where applications have been brought calling into question the validity of a will on the basis of the testamentary capacity of the deceased or the execution of the will and also where children make an application to the Court for provision out of the estate of a deceased parent. We have extensive experience in dealing with all contentious matters in relation to wills and estates and whether you are bringing such an action or defending same, we will expertly guide you through the procedures and process involved.

Enduring Power of Attorneys

An Enduring Power of Attorney is a document whereby you give authority to another person to make decisions on your behalf in the event of you being unable to make decisions due to mental incapacity. Should you become mentally incapacitated because of illness, disability or a progressive degenerative illness without an enduring power of attorney, your assets would normally be frozen and cannot be used by anyone to pay bills on your behalf or to cover the cost of your care. The usual scenario in this instance is that you would be made a ward of court.

Both an Enduring Power of Attorney and Ward of Court application process allow for another individual to make decisions on your behalf when you are not in a position to do so, but the main difference is that with an Enduring Power of Attorney you get to choose who this individual will be. This is very important when it comes to managing your assets and making decisions about your care. An Enduring Power of Attorney does not incorporate health care decisions within its scope, although the borderline between personal care and health care decisions is not always clear to say the least. It has however, been held the appointed Attorney does not have the power to make a decision as to whether or not a person suffering from dementia should undergo surgery.

The Enduring Power of Attorney has no effect and is revocable by you at any time until such time as you are not mentally capable of managing your own affairs. It has become increasingly common for individuals to execute enduring powers of attorney in conjunction with their wills. For further information, please do not hesitate to contact us directly.