Wills & Enduring Powers of Attorney
Wills and Enduring Powers of Attorney (EPA) are two sides of the same coin. 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 personal care decisions and your 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.
We provide guidance in relation to:
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 to decide who can best serve as Personal Representative or Executor
- 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.
When making a Will, there are three fundamental questions:
- What do I own?
- Who would I like to see inherit and in what shares?
- Who would I like to look after my affairs?
Strict rules apply and you need the guidance of an experienced solicitor to help you answer these questions and frame your Will to get the best results.
Enduring Powers of Attorney 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 and has no effect before that. As they operate while you are alive, Enduring Powers of Attorney are often called “Living Wills”.
Among the key features of an Enduring Power of Attorney 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 is made by you and not by a third party. It gives you the choice as to what happens to you and your property, if you become mentally unable to manage yourself, your affairs or your property, .
When making an Enduring Power of Attorney, 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.
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Since 1991, Thomas Barry & Company Solicitors, Dublin have continued to expand and develop our legal services. We will use our experience and expertise to provide advice, guidance and legal representation in relation to your legal issues. We can provide both commercial and private clients with a tailored and effective service to help them reach a successful conclusion.
