Wills & Enduring Power of AttorneyWills and EPA

Making a Will in Ireland

Wills and Enduring Powers of Attorney (EPA) are two sides of the same coin. In fact an EPA is often referred to as a Living Will. You should employ a solicitor to help you make a Will to ensure your property and affairs are dealt with as you wish after your death. You will need to make an Enduring Powers of Attorney if you wish to ensure your person and affairs are dealt with by people you have chosen in the event of you becoming incapable of managing your own affairs. Wills and Enduring Powers of Attorney are among the most important documents a person will sign and must comply with strict legal formalities to be valid.

Why Make a Will?

In your Will you say how you want your assets distributed when you die. A properly drawn Will:

  • gives peace of mind,
  • reduces the likelihood of family disagreements,
  • avoids your property passing under the rules of intestacy, which often give rise to unintended or unsatisfactory results,
  • gives you the power to select guardians for children,
  • allows you decide who could best serve as Personal Representative or Executor and
  • minimises tax

It is important to make a Will and it is equally important to review one that is already made to take account of changes in your circumstances, those of your beneficiaries or in the event of taxation changes.

How to Make a Will Ireland

When making a Will in Ireland the three fundamental questions are:;

  • What do I own?
  • Who would I like to see inherit and in what shares?
  • Who would I like to look after my affairs?

What is an Enduring Power of Attorney Ireland?

Enduring Powers of Attorney in Ireland have revolutionised how people can look after their affairs. An enduring power of attorney allows you choose what happens if you become mentally incapable. This can happen to anybody. Prudent personal, family and estate planning dictates that you should cater for the eventuality. Your Will only comes into operation after your death. Because of the extra dimension they give Enduring Powers of Attorney in Ireland are often called a "Living Wills".

What does making an Enduring Power of Attorney allow me do?

Among the key features of an Enduring Power of Attorney in Ireland are:

  • You choose the attorney or more than one.
  • You authorise the attorney(s) to take medical and personal care decisions on your behalf.
  • You choose whether to give your attorney(s) general or restricted power in relation to all or some of your property and affairs.
  • You may change or revoke the Enduring Power of Attorney while you remain mentally capable of managing your affairs. Similar to your Will, your Enduring Power of Attorney should be kept under review and adapted as circumstances change.

Completing an Enduring Power of Attorney ensures the choice as to what happens to you and your property, if you become mentally unable to manage your self, your affairs or your property, is made by you and not by a third party.

How to Make a an Enduring Power of Attorney Ireland

When making an Enduring Power of Attorney in Ireland the key decision is who you would like to act as your attorney (s). This should be some person or persons you trust and rely on. It is possible to appoint an attorney and to name a substitute or substitutes if he, she or they is/are unable or unwilling to act. We provide a specialist Enduring Power of Attorney service in a confidential and sensitive manner.


Thomas Barry & Company Solicitors


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